SHAMBHU SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner has been detained under Section 12(2) of the Bihar Control of Crimes Act, 1981 (in short, the Act) by the District Magistrate, Begusarai vide his Memo No. 1756/Vidhi dated 24.9.2002. The State Government approved and later confirmed the detention under Section 12(3) and Section 21(1) read with Section 22 of the Act on 5.10.2002 and 7.11.2002 respectively. The Petitioner seeks quashing of the aforesaid orders and a direction for his release.

(2.) Shri Ajay Kumar Thakur, learned Counsel for the Petitioner, submitted that the detention is fit to be quashed on the solitary ground of delay in disposal of the representation. The relevant facts in this regard are as follows.

(3.) Upon service of grounds of detention on 26.9.2002 the Petitioner filed representation on 6.10.2002. The representation was received in the Department on 9.10.2002. The comments of the Detaining Authority i.e. District Magistrate, Begusarai was called for on 11.10.2002 and the same was received on 12.10.2002. In the meanwhile reference had been made to the Advisory Board on 9.10.2002. Accordingly when the representation along with the comments of the Detaining Authority was put up before the Deputy Secretary on 18.10.2002 he suggested that the matter may be put up after sitting of the Advisory Board. From the record it is not clear as to actually when the Advisory Board considered the case of the Petitioner. Statement at the bar is that the consideration took place on 24.10.2002. The fact that the Board's opinion is countersigned by the Officer on Duty on 25.10.2002 prima facie shows that the Advisory Board considered the Petitioner's case on 24.10.2002. To complete the narration of facts, the opinion was forwarded by the Officer on Duty to the State Government on 26.10.2002. It was received in the Department on 28.10.2002. Meanwhile on 24.10.2002 the file was again put up before the Deputy Secretary presumably after meeting of the Advisory Board. The Under Secretary and the Deputy Secretary dealt with the matter on the same day. The Secretary Incharge submitted his notes on 25.10.2002. Approving the notes the Minister Incharge i.e. the Chief Minister rejected the representation on 26.10.2002.