AZAM Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 10.10.2011 passed by the District Magistrate, Mandsaur and also the orderdated15.12.2011 passed by the State Government confirming the order passed by the District Magistrate by which the petitioner has been detained under Section 3 (2) of the National Security Act, 1980 [for short "the Act"].

(2.) In the writ petition, the petitioner has raised various grounds for challenging the order of detention including the ground that he was not made aware of his right to make representation to the Central Government but was made aware of his right to make representation only to the State Government. In the circumstances, according to the petitioner, there is a violation of Article 22 (5) of the Constitution of India.

(3.) Shri Asif Warsi, learned counsel for the petitioner in order to support the aforesaid ground raised that the petitioner was also required to have made aware by the detaining authority that he has got right of representation before the Central Government, placed reliance on a judgment of the Supreme Court in the case of Kamleshkumar Ishwardas Patel v/s Union of India and others, 1995 4 SCC 51.