Bombay High Court

RAFIQUE DAWOOD KAMDARversusTHE STATE OF MAHARASHTRA AND ORS.

Decided: 31 August 2026
Disposal: Allowed

Holding

The amendment of the writ petition is permitted in the interest of justice, especially given the preventive detention context.

Summary

The applicant, Rafique Dawood Kamdar, filed an interim application seeking to amend his writ petition (No. 4102 of 2026) by adding additional grounds. The petition concerns a matter of preventive detention. The High Court was asked to consider whether the amendment should be permitted. The Court, emphasizing the interest of justice and the special nature of preventive detention cases, allowed the amendment. It directed that the amended petition be filed within two weeks and served on the respondents. No other substantive orders were made.

Issues considered

Whether the amendment of a writ petition to add additional grounds is permissible in a preventive detention matter

Subjects

amendment
writ petition
preventive detention
high court
interim application

Judgment

                                                                                  4-IA-3030-2026.doc


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION

                                        INTERIM APPLICATION NO.3030 OF 2026
                                                        IN
                                           WRIT PETITION NO.4102 OF 2026

                      Rafique Dawood Kamdar                                     ... Applicant
                            Vs.
                      The State of Maharashtra And Ors.                         ... Respondents
SHARADA
RANGNATH
WAHULE
Digitally signed by
                                                       ****
SHARADA
RANGNATH WAHULE
Date: 2026.08.31
18:22:30 +0530
                      Mr. Amit A Katarnaware a/w Mr. Aditya A Katarnaware, Adv. Mamta S.
                      Jadhav, Advocate for the Applicant.
                      Ms. M. M. Deshmukh, APP for Respondent-State.
                                                       ****

                                            CORAM :     SARANG V. KOTWAL AND
                                                        RANJITSINHA RAJA BHONSALE, JJ.
                                            DATE    :   31st AUGUST 2026
                      P.C.:

                      1.        This is an application for amendment to the Writ Petition to add

                      additional grounds. In the interest of justice and since the matter

                      pertains to preventive detention, the application is allowed. The

                      Applicant is permitted to amend the additional grounds in the Writ

                      Petition.


                      2.        The amendment to be carried out within a period of two weeks

                      from today. The amended copy be served on the other side.




                      ( RANJITSINHA RAJA BHONSALE, J.)                (SARANG V. KOTWAL, J.)




                                                            1
                      Sharada

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