AMIT MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The impugned detention order dated 12.05.2021 passed under section 3(2) of the National Security Act, 1980 is called in question solely on the ground that in the detention order dated 12.05.2021, it is not mentioned that the petitioner has a valuable right to prefer a representation against the detention order before the same authority namely District Magistrate. Thus, in view of judgment of full bench in WP No.22290/2019 (Kamal Khare Vs. State of MP) , followed by this court in WP No.9792/2021 (Yatindra Verma vs. State of MP & Ors.) the impugned order is liable to be interfered with.

(2.) Learned counsel for the respondent/State fairly admitted that the aforesaid point is indeed covered by the aforesaid pronouncements. This Court in WP No.9792/2021 , opined as under:-

(3.) In view whereof, the impugned order dated 12.05.2021 cannot sustain judicial scrutiny. The impugned order is accordingly set aside.