Kamleshwar Dixit vs. State of M.P. and others
Section 226 - Power of High Courts to issue certain writs
Section 3 - The Central Government or the State Government may
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)
WRIT PETITION, 9785 of 2021, Judgment Date: Jul 20, 2021
Law laid down -
1) Section 3 - NSA Act, 1980- The facts situation and “pressures of the day” are relevant factors for examining the validity of a detention order. In a pandemic-like situation, one incident of black marketing of an essential drug can be sufficient to invoke the detention law.
2) Detention order – Indisputably, para 4 of the detention order is erroneously pasted from elsewhere. There is no basis of the said para – The Doctrine of Severability was applied and it was found that deletion of para 4 will not cause any dent on the remaining part of the order. Thus, the detention order was not interfered with.
3) Doctrine of Severability - After excision of invalid part of the order, the remaining part is complete and sufficient to attract section 3 of the NSA Act. Hence, interference was declined.
Kamleshwar Dixit vs. State of M.P. and others