UMESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has moved this Court for quashing the order dated 18.6.2001, initiating a proceeding under the Bihar Control of Crimes Act and directing to detain the petitioner, annexure 1, the order dated 26.6.2001 approving the detention order by the State Government, annexure 2 and also the order dated 9.8.2001, Annexure -3, the final order directing to detain the petitioner till 17.6.2002.

(2.) THE relevant facts of the case are that the petitioner was made accused in criminal cases which are pending for disposal. The Superintendent of Police, Begusarai, respondent no. 5, submitted a report for initiating a proceeding under the Bihar Control of Crimes.. Act, hereinafter to be referred to as the 'Act '. On the said report respondent no. 4 initiated a proceeding under the Act and directed to detain the petitioner vide order dated 18.6.2001. The said order was approved by the State Government vide order dated 26.6.2001. The petitioner filed a representation on 28.6.2001. The said representation was rejected on 10.7.2001. Thereafter, final order of detention was passed vide order dated 9.8.2001 directing to detain the petitioner till 17.6.2002. The order of detention has been challenged on the ground that there was unexplained delay in disposal of the representation.

(3.) LEARNED counsel for the petitioner, vehemently pointed out that there was unexplained delay in disposal of the representation and as such the order of detention is bad in law. On the other hand learned counsel for the respondents submitted that delay in disposal of the representation has been explained in the counter affidavit.