RAM KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition has been filed for quashing an order of detention passed by the District Magistrate, Begusarai vide his memo No. 12419, dated 27.8.2001 under Section 12(2) of the Bihar Control of Crimes Act, 1981 (in short'the Act1), the order dated 7.9.2001 by which the State Government approved the said order in terms of Section 12(3) of the Act, and the order, dated 22.10.2001 by which the State Government confirmed the detention in terms of Section 21(1) read with Section 22 of the Act upto 26.8.2001.

(2.) FOR disposal of this writ petition it is not necessary to set out the facts of the case except to mention that after the graunds of detention were served on or. about 29.8.2001, on 5.10.2001 the petitioner filed representation which was rejected on 19.10.2001. In between, the case of the petitioner was placed before the Advisory Board. On or about 9.10.2001 the Advisory Board was pleased to uphold the detention.

(3.) IN fairness to the petitioner, it must be mentioned that the impugned detention was also challenged on the grounds that the order was passed to pre-empt the petitioner's release on bail and, therefore, cannot be said to be bona fide, that the materials in support of their detention order were not furnished along with grounds, and that there was delay in considering the representation. IN view of my conclusion on the first point about delay in passing the detention order it is not necessary to consider those submissions, for, on the first point itself the impugned detention order is liable to be quashed.