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Supreme Court of India 2019-01-29 allowed

State of Madhya Pradesh & Ors vs Dharmendra Rathore

Bench: 2 — Ashok Bhushan

In Brief

The Supreme Court examined whether an Additional District Magistrate could pass an externment order under the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990. The High Court had set aside the order, relying on an earlier judgment applying the Constitution Bench's reasoning from Ajaib Singh v. Gurbachan Singh (which involved the Defence of India Act, 1962). The Supreme Court held that the Adhiniyam, 1990 has a different statutory scheme. Sections 13 and 18 explicitly permit the State Government to empower an Additional District Magistrate or Sub-Divisional Magistrate to exercise District Magistrate powers. The Court allowed the appeals, distinguishing Ajaib Singh and setting aside the High Court's judgments.

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Administrative Law Delegated Authority Statutory Interpretation Security and Order Jurisdiction

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