KAMAL KHARE Vs. STATE OF M.P.

JUDGEMENT

(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 was a difference of opinion between two Hon'ble Judges constituting the Division Bench. They have therefore made a reference to the Larger Bench for answering the following questions of law:-

(2.) Subsequently, a Division Bench of this Court at Indore Bench in W.P. No.28804/2019 (Manish vs. State of M.P. and others) and W.P. No.717/2020 (Laduram vs. State of M.P. and others) vide order dated 13.02.2020 also made a reference to the Larger Bench for answering the following questions of law:

(3.) Both these matters i.e. Writ Petition No.22290/2019 of Principal Seat, Jabalpur and Writ Petition Nos.28804/2019 and 717/2020 of Indore Bench, were ordered to be combined and listed together by order of the Chief Justice of this Court on administrative side dated 14.02.2020. Arguments in both the sets of cases therefore were heard simultaneously. Referred questions are being answered by this common judgment.