RAJ KISHORE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal by special leave was heard on Sept. 1, 1982, and having been satisfied that the detention order was vitiated, we made an order quashing and setting aside the order of detention, reserving that the reasons would follow. Here are the reasons.

(2.) Raj Kishore Prasad s/o. Mahendra Prasad was detained pursuant to an order dated Sept. 23, 1981, made by the District Magistrate, Gopalganj, under Section 3 (2) of the National Security Act, 1980 ('Act' for short), on the ground that he be prevented from acting in any manner prejudicial to the maintenance of public order. This order was served upon the detenu on Sept. 25, 1981, and he was taken into custody and was detained in Muzaffarpur Central Jail. The detaining authority simultaneously served upon him the grounds of detention. The order of detention was approved by the State Government on Oct. 2, 1981, as required by subsection (4) of Section 3 of the Act. He made a representation inviting the detaining, authority to quash the order of detention. In the meantime, however, the case of the detenu was referred to the Advisory Board on Oct. 5, 1981. The representation made by the detenu was rejected by the Chief Minister on Nov. 16. 1981. The Advisory Board having reported that there was in its opinion sufficient case for detention of the person, the detention order was confirmed by the appropriate Government. Detenu thereupon filed a writ petition in the Patna High Court.

(3.) On behalf of the detenu four contentions were advanced before the High Court inviting it to invalidate the order. They were: