MAHESH CHOUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Regard being had to the similitude of the question involved, on the joint request of the parties, matters are analogously heard and decided by this common order.

(2.) These petitions are directed against the order of learned District Magistrate, Khargone whereby he has detained the petitioners by exercising power under Section 3 of the National Security Act, 1980. The singular ground to assail the impugned order is that in the detention order, the learned District Magistrate has not mentioned that petitioners have 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 Vs. State of MP).

(3.) Shri Vivek Dalal, learned Additional Advocate General for the respondents/State fairly admitted that the detention order does not contain any such stipulation that petitioners 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.