A.P.SHAH,J. - (1.) THIS is a petition for habeas corpus by the detenu.
(2.) SHRI Girme, learned Counsel for the detenu, raised several submissions before us, but only one in our opinion, is sufficient for deciding the present petition. Shri Girme submitted that the Detaining Authority in his grounds misled the detenu by informing him that he had a right to make a representation either to the State Government or to the Central Government. Shri Girme further submitted that the Detaining Authority has not mentioned the fact that the. detenu had a right to make a representation to the Detaining Authority himself. This, according to Shri Girme, would vitiate the order of detention. Shri Girme relied upon the judgment of the Division Bench of this Court in the case of Fatmabi Sheikh Bhikan alias Sunabi v. The Commissioner of Police 3 CCR (1992). We are of the opinion that the submission of Shri Girme deserves to be accepted. In the grounds Communicated to the detenu, the Detaining Authority has stated as follows -. You have a right to make the representation to the State Government and or to the Central Government against the order of detention and that you will be afforded the earlier opportunity to make such representation. In similar facts, the Division Bench in the case of Fatmabi Sheikh Bhikan alias Sunabi v. The Commissioner of Police, cited supra held that the failure of the Detaining Authority to make the detenu aware about his right to make representation to the Detaining Authority and the misleading statements about the detenu's right to make representation to the State Government and the Central Government would amount to violation of the right guaranteed by Article 22(5) of the Constitution of India. We respectfully agree with the view expressed by the Division Bench.
(3.) IN the result, the order of detention is quashed and set aside. The respondents are directed to release the detenu forthwith unless he is required in any other case. Rule is made absolute accordingly.;