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SUJOY PAUL, PRANAY VERMA
Awatar Singh – Appellant
Versus
State of M. P. – Respondent
ORDER
With the consent of the parties, heard finally.
1. This petition is directed against the order of learned District Magistrate, Dewas whereby he has detained the petitioner by exercising power under section 3 of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980. The singular ground to assail the impugned order is that in the detention order, the learned District Magistrate has not mentioned that petitioner has a valuable right to prefer a representation against the detention order before the same authority namely District Magistrate. The matter is covered by Full Bench decision in WP No.22290/2019 (Kamal Khare v. State of MP) 2021(2) MPLJ 554. [Reported in 2021 (2) JLJ 389 (FB)]
2. Shri Vivek Dalal, learned Additional Advocate General for the respondents/State fairly admitted that the detention order does not contain any such stipulation that petitioner can prefer representation against the detention order before the same authority. He further agreed that on this ground, Full Bench in Kamal Khare (supra) has held that the detention order stands vitiated because of infringement of said right.
3. There is no dispute between the parties
The central legal point established in the judgment is the detenu's right to make a representation to the detaining authority, as mandated by Article 22(5) of the Constitution of India, and the conse....
The main legal point established in the judgment is that the absence of mention in a detention order regarding the right of the detainee to prefer a representation against the detention order before ....
Failure to inform the detenu of his right to make a representation to the detaining authority renders the detention illegal.
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