Kamal Khare vs State of M. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(MP) 491

MOHAMMAD RAFIQ, RAJEEV KUMAR DUBEY, VIJAY KUMAR SHUKLA
Kamal Khare – Appellant
Versus
State of M. P. – Respondent

Advocates Appeared:
For the Appellant :Naman Nagrath, Senior Advocate, Jubin Prasad, Sankalp Kochar and Rahul Diwaker, Advocates
For the Respondents:Ajay Pratap Singh, Deputy Advocate General and Akshay Pawar, Panel Lawyer

Table of Content
1. reference and questions for larger bench. (Para 1 , 2 , 3)
2. analysis of legal principles and precedents. (Para 4 , 13 , 18 , 21 , 22 , 28 , 30 , 48)
3. detention powers and rights of detainees. (Para 5 , 6 , 10 , 11 , 15)
4. distinction between special and general laws. (Para 19 , 20 , 34)
5. final ruling on detention legality. (Para 35 , 36)

ORDER :

Mohammad Rafiq, CJ.

1. These three matters have been placed before the Larger Bench upon a reference by two separate orders passed by a Division Bench of this Court at Principal Seat at Jabalpur and another Division Bench of this Court at Indore Bench. The first order was passed by Division Bench at Principal Seat, Jabalpur on 04.12.2019 in W.P. No. 22290/2019 (Kamal Khare vs. State of M.P. and others) which is a writ petition filed in the nature of Habeas Corpus against an order dated 13.08.2019 passed by District Magistrate, Jabalpur in exercise of his powers under Section 3 (2) of the NATIONAL SECURITY ACT , 1980 (for short "the NSA") whereby the petitioner was directed to be detained for a period of three months from the date of his detention. When the matter was listed before the Division Bench on 04.12.2019, there