PABBA YADAGIRI Vs. COLLECTOR AND DISTRICT MAGISTRATE

JUDGEMENT

(1.) This writ petition has been filed by the petitioner on behalf of Sri Rachakonda Srinivas Rao (hereinafter referred to as 'the detenu'), who has been detained and is lodged in Central Prison, Cherlapalli.

(2.) The detenu has been detained by an order dated 28.8.2004 in terms of Section 3 of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (hereinafter referred to as 'the Act'). The Collector and District Magistrate, Nalgonda, ordered the detention and communicated the grounds of detention to the detenu. There are as many as 10 grounds in the grounds of detention and the order of detention has been challenged on various counts. One of the grounds for challenging the order of detention is that the detenu had not been informed that he had a right to make a representation to the detaining authority against the order of detention. This fact is not disputed and we have perused the records. The records also do not reveal that the detenu was informed that he had a right to make a representation to the detaining authority against the detention. At the end of the grounds of detention, the detaining authority informed the detenu:

(3.) The learned Senior Counsel appearing for the petitioner submits that the Government or the Advisory Board would consider the representation of the detenu at a subsequent stage and the detenu had a right to make a representation against the order of detention at the earliest point of time, if he had been informed that he had a right to make a representation to the detaining authority. The learned Government Pleader appearing for Advocate-General however, submits that since the detenu had been informed that he has a right to make a representation to the Chief Secretary as well as to the Advisory Board therefore, he does not get prejudiced if the detaining authority failed to inform the detenu that he had a right to make a representation to the detaining authority, that would not vitiate the detention.