Bhura (in Jail) vs District Magistrate and Others

M. Katju, J.—This writ petition has been filed against the impugned detention order dated 28.8.2002 passed under the National Security Act vide Annexure-1 to the writ petition.

Heard learned Counsel for the parties.

Several arguments have been advanced by the learned Counsel for the Petitioner but this petition deserves to succeed on the very first ground, namely, that the detaining authority did not inform the Petitioner that he has a right to make a representation to the detaining authority. This averment has been made in paragraphs 9 and 10 of the writ petition. In paragraph 4 of the counter-affidavit, it has been stated that the Petitioner has been informed that he can make a representation to the State Government, Central Government and the Advisory Board. However, it has not been stated that the Petitioner was informed that he can also make a representation to the detaining authority. Hence in view of the Division Bench decisions of this Court in Jai Prakash Shastri v. Adhikshak, Janpad Karagar, 2000 (3) ACrR 2420 : 2000 (41) ACC 843 and Vijai Kumar Misra v. Superintendent, District Jail, 2002 (2) ACrR 1642 : 2002 CBC 455 (which have followed the decision of the Supreme Court in State of Maharashtra v. Santosh Shastri Acharya 2001 (1) ACrR 453 (SC) : 2000 (41) ACC 704, this petition is allowed. The impugned detention order dated 28.8.2002 is quashed. The Petitioner shall be released forthwith unless required in some other criminal or preventive detention case.