SANJAY PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is aggrieved by his detention under the Bihar Control of Crimes Act, 1981. He has been detained by the District Magistrate, Gopalganj vide memo no. 88C/C/ Vidhi dated 19.3.2002. The relevant facts are as follows.

(2.) THE impugned order of detention along with the grounds was served on the petitioner while he was in jail on 21.3.2002. On 26.3.2002 the ord 'er was approved by the State Government under Section 12(3) of the Act which was communicated to the petitioner on the next day i.e. 27.3.2002. The petitioner submitted his representation on 5.4.2002. The representation was received in the. Department on 9.4.2002. On 11.4.2002 the comments of the detaining authority was called for. The District Magistrate sent his comments on 23.4.2002 which was received in the department on 26.4.2002. The representation was rejected by the Government on 6.5.2002.

(3.) SHRI Amar Nath Singh, learned Standing Counsel, stated that after the representation was received in the Department the usual practice is to seek the comments of the Detaining Authority and no sooner the comments were received the representation was considered and in the facts and circumstances rejected.