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MADHYA PRADESH HIGH COURT
Full Bench, J
Mangal Singh alias Mangu v. State of M. P. and Others
| Table of Content |
|---|
| 1. reference to full bench due to differing opinions on detention orders. (Para 1 , 2) |
| 2. material facts must be disclosed to the detaining authority. (Para 5) |
| 3. discussion on precedent cases affecting detention orders. (Para 6 , 7 , 8) |
| 4. clarification on legal fiction and severability under section 5a. (Para 9 , 10) |
| 5. detention order can remain valid if at least one ground is sound. (Para 12 , 13 , 14) |
| 6. importance of addressing legal presumptions in counter-affidavits. (Para 15 , 16 , 17) |
| 7. direction on further proceedings before the appropriate bench. (Para 18 , 19 , 20) |
1. These matters have been placed before the Full Bench pursuant to the reference made by the Division Bench in the respective writ petitions.
2. The first reference was made in Writ Petition No. 2689/2013 filed by Kheri Gurjar before the Bench at Gwalior (now renumbered as Writ Petition No. 13989/2015 at Jabalpur) vide order dated 05/09/2013. The judges of the Division Bench differed in their views, as a result of which reference to the third Judge became necessary. The question formulated by the Bench reads thus:
"Whether, after considering the provision of S.5(A) of National Security Act and judg
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