MP High Court sets aside detention orders passed without making detenues aware about their right to representation In the case of Banshilal Choudhary v. State of MP, MP High court quashed detention orders passed by a district magistrate for not making the detenues aware of their valuable right to prefer representation. The Division Bench of Justice Sujoy Paul and Justice Shailendra Shukla found that the action of the district magistrate was contrary to the Supreme Court Constitution Bench judgment in Kamleshkumar Ishwardas Patel v. Union of India. The Court discussed the law laid down in Kamleshkumar’s case, in which the apex court stated that “Article 22(5) must, therefore, be construed to mean that the person detained has a right to make a representation against the order of detention which can be made not only to the Advisory Board but also to the detaining authority.” The Court thus observed that denial of an opportunity to be represented vitiated the impugned order and that the order could not sustain judicial scrutiny. Reddy and Reddy law firm has a team experienced litigation lawyers who will assist you on all your disputes in the arena.