SATTAR Vs. STATE OF MP

JUDGEMENT

(1.) Heard counsel for the parties on admission.

(2.) This writ petition under Article 226 of the Constitution of India is filed by the next friends of the five detenus (Akram S/o Abdul Samad, Shahid S/o Sattar, Aslam S/o Abdul Saleem, Lalu @ Irshad S/o Maksood, Izran S/o Mukhtar). The detention orders were passed on 25.7.2015 and on the same day the detenus were taken into custody. On the same day they were served with the grounds of detention.

(3.) The sole point on which this petition must succeed, is that, the detaining Authority has failed to inform the detenus that they have a right of making representation before the Central Government under Section 14 of the National Security Act, 1980. The detenus were merely informed that they can make representation to the State Government. Neither the detention order nor the grounds of detention served on the detenus disclose the fact that the detenu can also make representation to the Central Government and invoke remedy for revocation of the detention order, in terms of Section 14 of the National Security Act, 1980.