ASHOK KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this writ application, the Petitioner has challenged, at a pre-detention stage, the order of preventive detention. He has not yet been taken into preventive detention and seeks to challenge Memo No. 219/Law dated 25.4.2011 (Annexure-2) issued by the District Magistrate, Jamui, whereby and where under he, while exercising the power under Sub-section (2) of Section 3 of the National Security Act, 1980 read with notification No. S.O. 3005 dated 30.3.2011 of the Govt., of Bihar, Home (Spl.) Department has ordered and directed that the Petitioner be detained and be placed in detention in Jamui Jail on the grounds and back grounds of criminal history of the criminal cases against the Petitioner contained in Memo No. 220/ Law dated 25.5.2011 (Annexure-3) served to the Petitioner. Learned. counsel for the State raised a question as to the maintainability of the writ petition at this stage.

(2.) In our view the question of maintainability does not arise inasmuch as it is now settled by the judgment in the case of Additional Secretary, Govt., of India v. Alka Subhash Gadia, 1992 Supp1 SCC 496 and cases thereafter including the case of Hare Ram Pandey v. State of Bihar, 2004 3 SCC 289 and of this Court in Naresh Kumar Goel v. Union of India, 2004 1 PLJR 298 that pre-detention challenge is permissible, though, within a very narrow compass. Virtually, there are 'only five grounds available for challenge of this nature. They are:-

(3.) Thus, it is for the Petitioner to first satisfy this Court that his case comes within these five situations.