SAHDEO RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) A proceeding under the Bihar Control of Crime Act, 1981 was initiated by the District Magistrate, respondent no. 5, on the report of the Superintendent of Police, respondent no. 6. Respondent no. 5 in exercise of power conferred under sub -section (2) of Section 12 of the Bihar Control of Crime Act, 1981 passed order on 16.5.2001. Annexure 1, directing that the petitioner be detained. The ground of detention was also furnished to the petitioner. The order of detention was approved by the competent authority vide letter dated 22.5.2001, Annexure -7. The petitioner filed representation on 23.5.2001 and also second representation on 7.6.2001. The said representations were rejected and communication was made vide letter dated 15.6.2001, Annexure -8. Subsequently the detention of the petitioner was confirmed and the petitioner was directed to be detained till 15.5.2002 vide letter dated 19.7.2001, Annexure -9. The petitioner thus has filed the writ petition for quashing the orders of detention, Annexures -1 & 9, mainly on the ground that there was undue unexplained delay in disposal of the representations.

(2.) TWO counter -affidavits have been filed, one by respondent nos. 2 to 4 and another by respondent no. 5.

(3.) THUS , on consideration, I find that the order of detention cannot be held to be legal. Accordingly, this application is allowed. The orders, Annexure -1 & 9, are hereby quashed. The petitioner shall be released forthwith.