MOH ALI USMANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With the consent of the parties, heard finally.

(2.) Shri Pushyamitra Bhargav, 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 that the singular point involved is covered by Full Bench in Kamal Khare (supra) which is consistently followed by this Court in various cases including WP No.9792/2021 (Yatindra Verma vs. State of MP & Ors.). In WP No.9792/2021 , this Court opined as under:-