AWADHESH MANDEL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned AAG-VI for the State.

(2.) Petitioner is a detenu under the provisions of Bihar Control of Crimes Act, 1981 (hereinafter referred to as the Act). He has filed this writ petition assailing the detention order passed by the District Magistrate, Purnea under sub-section (2) of Section 12 of the Act, bearing Memo No. 4038 dated 31.08.2013, Annexure-1 to the writ petition. He has also challenged the grounds of detention, bearing Memo No. 4039 dated 31.08.2013 wherefrom it appears that the Detaining Authority taking into account the criminal history of the petitioner of 28 cases lodged against him, has passed the impugned detention order also annexed with Annexure-1. Aforesaid detention order, grounds of detention were approved by the State Government under sub-section (3) of Section 12 of the Act vide Order No. 6687 dated 06.09.2013, Annexure-2 to the writ petition. Even before approval of the detention of the petitioner, petitioner was transferred from Purnea jail to Central Jail, Gaya by the order of the Inspector General (Prison), Bihar, Patna dated 02.09.2013, Annexure-F to the counter affidavit filed on behalf of Respondent no.2. Besides, the aforesaid detention order as also the approval order, Petitioner has also challenged confirmation order dated 01.10.2013, Annexure-3 in terms whereof detention of the petitioner has been confirmed for a period of one year i.e. until 30.08.2014.

(3.) The challenge made in the writ petition is on the following grounds: