SATYENDRA DIKSHIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has been datained by the District Magistrate, Gopalganj under section 12 (2) of the Bihar Control of Crimes Act, 1981 (hereinafter called the Act) vide memo no. 3037/C dated 29.8.2002 of the office of the District Magistrate. The detention was approved by the State Government under section 12 (3) of the Act on 9.9.2002 and confirmed under section 21 (1) read with section 22 of the Act. The petitioner seeks quashing of these orders and his release.

(2.) THE solitary point urged on behalf of the petitioner in support of the petition is that there was inordinate delay in disposal of the representation depriving him of the right of expeditious consideration of the representation. The relevant facts in this regard are as follows:

(3.) ON behalf of the petitioner, it was submitted that the period between 25.9.2002 and 4.10.2002 has not been explained by the respondents and thus in the absence of any explanation the Court should hold that there was wilful delay in consideration of the representation and in the circumstances the detention should be quashed.