FIROJ Vs. STATE OF M P

JUDGEMENT

(1.) By this writ petition, the petitioner has assailed the order passed by the leaned District Magistrate, Agar Malwa, in Case No. 01/NSA/2013, dated 26-10-2013 whereby, the petitioner was ordered to be kept in detention under Section 3(2) of National Security Act in Central Jail, Ujjain, which order has also been confirmed by the first respondent on 1-1-2014. It is the case of the petitioner that in the detention order, nowhere, it was mentioned that the petitioner was having right to make representation before the State Advisory Board and Central Government and on this ground, the order is required to be set aside.

(2.) We have examined the reply filed on behalf of the respondent/State. In reply, the respondent have not been able to point out that they had given right of representation to the petitioner to the Central Government by informing him of the said right.

(3.) We have also gone through the order of detention on which, nowhere, it is mentioned that the petitioner has been informed that he also has a right to give representation to the Central Government.