SIKANDAR KHAN Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) By filing this writ petition, petitioner has assailed the order bearing Memo No. 445 dated 04.05.2013, Annexure-1 passed by the District Magistrate, Jamui under sub-section (2) of section 12 of the Bihar Control of Crimes Act ( Bihar Act 7 of 1981) (hereinafter referred to as the Act) in terms whereof, petitioner has been detained as according to the District Magistrate, he is an antisocial element and can be prevented from committing antisocial activity by passing order detaining him. In support of the order, the District Magistrate has also served the grounds on the petitioner, which is also dated 04.05.2013. Aforesaid detention order has been approved by the State Government under order dated 13.05.2013, which is also impugned in the writ petition as Annexure-2. Having approved the detention order, case of the petitioner was referred by the Govt. to the Advisory Board which also approved the detention of the petitioner and thereafter Govt. issued order dated 28.5.2013 indicating period of his detention until 03.05.2014. Said order has also been impugned in the writ petition as Annexure-3.

(3.) The challenge to the aforesaid three orders is primarily based on the ground that initial detention order dated 04.05.2013, Annexure-1 did not inform the petitioner of his right to represent against the order of detention, as is required under sub-clause (5) of Article 22 of the Constitution of India, which enjoins a duty on the detaining authority to inform the detenu of his right to make representation at the earliest opportunity against the order of detention. In support of the aforesaid contention, learned counsel for the petitioner has relied on the Division Bench judgment of this Court in the case of Binod Yadav Vrs. The State of Bihar & Ors., 2007 Supp1 PLJR 936.