MUNNATANTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has been detained by the District Magistrate, Begusarai under Section 12(2) of the Bihar Control of Crimes Act, 1981 (hereinafter referred to as the Act) vide order dated 6.11.2002, contained in Annexure -1 to the writ petition. The detention was approved by the State Government under Section 12(3) of the Act and later confirmed on 17.12.2002, by it under Section 21 read with Section 22 of the Act. The petitioner seeks quashing of the said orders and his release from detention.

(2.) THE chronological events germane to disposal of this case, briefly stated are as follows. After petitioner was detained and grounds of detention was served on him, on or about 28.2.2003, he submitted his representation which was forwarded by the Jail authorities to the Home Department on 28.2.2003. The representation was received in the department on 3.3.2003. On 6.3.2003, comments of the detaining authority, namely, District Magistrate, Gopalganj, was called for. On 7.3.2003, the same was received. The office dealt with the representation along with comments on 8.3.2003. On 10.3.2003, the Deputy Secretary put up his notes to the Special Secretary. On 11.3.2003, the Special Secretary forwarded his notes to the Secretary. The Secretary agreed with the notes and recommended rejection of the representation on , 15.3.2003. On 17.3.2003, the representation was rejected by the Minister Incharge. The rejection was communicated on 24.3.2003.

(3.) WE have looked into the Government file to have first hand account of the manner in which the petitioners representation was deait with. As regards period between 3.3.2003 and 7.3.2003, there is no apparent explanation for the period between 3.3.2003 and 6.3.2003 to which aspect we shall advert later in this judgment. As this stage it may be mentioned that the representation was forwarded by the Jail authorities by a special messenger but the same was received in the department only on 3.3.2003 for the reason that on 1.3.2003 the offices were closed on account of Maha Shivaratri and 2.3.2003 was Sunday. From the fact that the representation had been sent by special messenger, it would appear that due awareness was shown by the Jail authorities in forwarding the representation. Further comment was asked for by FAX. The same was sent on the next day itself. As regards the period from 11.3.2003 and 15.3.2003, it appears that after the file was put up before the Secretary on 12.3.2003, he wanted a discussion with the Special Secretary. He made an endorsement to that effect on the same day. The discussion was held on 15.3.2003 and on the same day the Secretary forwarded his opinion to the Minister Incharge. Between 12.3.2003 and 15.3.2003, 14.3.2003 was closed on account of Muharrum. Thus, it was only on 13.3.2003 that no action was taken.