RAVI SHANKAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application under Art. 226 of the Constitution of India has been filed for quashing the order of detention dated 15-11-2003 passed by the District Magistrate, Bhojpur at Arrah (Annexure- 1) in exercise of the powers conferred under S. 12(2) of the Bihar Control of Crimes Act, 1981 (hereinafter referred to as the Act) as well as the order dated 24-11 -2003 (Annexure 2) passed by the State Government approving the said order of detention In exercise of power under S. 12(3) of the Act and also the order dated 30-12-2003 (Annexure 6) passed by the State Government confirming the aforesaid order of detention under S. 21(1) read with S. 22 of the Act.

(2.) Section 12(1) of the Act lays down that the State Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order and there is reason to fear that the activities of anti-social element cannot be prevented otherwise than, by the Immediate arrest of such person, make an order directing that such anti-social element be detained.

(3.) Sub-section (2) of S. 12 of the Act states if having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of the District Magistrate, the State Government is satisfied that it is necessary so to do, it may by an order in writing direct, that during such period as may be specified in the order, such District Magistrate may also, if satisfied as provided in sub-section (1) exercise the powers conferred upon by the said sub-section.