GAJENDRA PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this application under Articles 226 and 227 of the Constitution of India, the petitioner Gajendra Pathak has challenged the legality and validity of the order of his detention dated 16-10-1989 passed by the detaining authority (District Magistrate of Darbhanga) in exercise of the powers conferred by sub-section (2) of Section 12 of the Bihar Control of Crimes Ordinance with a view to preventing him from acting in any manner prejudicial to the maintenance of public order in the district of Darbhanga for a period of one year. For reaching the subjective satisfaction as to the necessity of making this order, the detaining authority has relied upon four criminal cases, in which the detenu is said to have been involved, as according to the detaining authority, the petitioner has created an atmosphere of insecurity in the areas of Darbhanga district, which activities of the detenu adversely affected the maintenance of public order.

(2.) The argument advanced by learned counsel for the petitioner is two fold. In the first instance, it has been submitted that the detaining authority has not applied his mind before passing the order as required under law and therefore, the impugned order of detention is invalid.

(3.) The second submission is that mere reference to a case under the provisions of the Arms Act in the order of detention would not suffice the purpose even if a charge-sheet has been submitted in that case, because a case under the provisions of the Arms Act can only be taken into consideration if there has been an order of conviction and therefore, on this ground alone the order is bound to fact.