ARVIND KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has been detained under preventive custody under Section 12(2) of the Bihar Control of Crimes Act, 1981 (in short the Act) by the District Magistrate, Madhepura vide his memo no. 1246 dated 31.8.2001. He seeks quashing of the said order. He also seeks quashing of the order dated 7.9.2001 by which the State Government has approved the detention in terms of Section 12(3) of the Act, and the order dated 31.10.2001 by which the State Government has confirmed the detention upto 3.9.2002 in terms of Section 21(1) read with Section 22 of the Act.

(2.) THE facts of the case so far as necessary for the purpose of this case are that the detention order and the grounds of detention were served on the petitioner on 4.9.2001. On 24.9.2001 he made representation to the State Government challenging the detention. On 4.10.2001 the petitioner was informed about the rejection had of his representation. Earlier reference had been made to the Advisory Board which opined in favour of the detention.

(3.) SHRI Narmadeshwar Prasad Singh, learned counsel for the petitioner, firstly, submitted that there was inordinate delay in disposal of the representation and the detention is fit to be struck down on this, ground alone. He placed reliance on Sunil Khatik @ Sunil Prasad @ Sunil Bihari V/s. State of Bihar, 1999(2) PLJR 744 and Rajammal V/s. State of Tamil Nadu, AIR 1999 SC 684. The relevant facts in this regard are as follows. The petitioner made representation on 24.9.2001.It was received by the Government on the same day. On the next day i.e. 25.9.2001 the comments of the detaining authority was sought. On 28.9.2001 the comments was received. On 3.10.2001 the representation was rejected. On 4.10.2001 the rejection was communicated. Thus, it took 9 days in all to dispose of the representation.