RAM SEWAK SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks quashing of his detention under Section 12(2) of the Bihar Control of Crimes Act, 1981 (in short 'the Act') and the consequential orders approving and later affirming the detention.

(2.) SINCE in our opinion this writ petition is fit to succeed on a solitary point, namely, delay in disposal of the representation only facts relevant to the point may be stated.

(3.) SHRI Amar Math Singh, learned Standing Counsel No. 8 appearing for the respondents submitted that in terms of Section 19 of the Act, representation of the detenu is required to be placed before the Advisory Board along with the order of detention, the grounds on which the detenu has been detained and the report of the detaining authority. And since in the instant case the Advisory Board was constituted only on 6.12.2001 the Government kept the petitioner's representation pending. After the Advisory Board was reconstituted the case of the petitioner was referred and on receipt of the opinion of the Board the representation was rejected on 10.12.2001. We find no substance in the explanation.