ASHOK SINGH Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) This application is directed against the order dated 19 -8 -1983, a copy of which is Annexure -1 to this application, by which the District Magistrate, Begusarai has ordered for detention of the petitioner under sub -section (2) of Sec. 12 of the Bihar Control of Crimes Act (hereinafter to be referred to as the Act). The grounds in pursuance of Sec. 17 of the Act for the detention of the petitioner are contained in Annexure -2 dated 19 -8 -1983 and that had been served upon the petitioner. Subsequently, the State Government has approved the impugned order of detention by its order dated 27 -8 -1983 which is Annexure -1 A to this application. Thereafter, the said order of detention was confirmed by the Advisory Board which was communicated to the petitioner by the State Government by order dated 5 -10 -1983 which is annexure -3 to this application. The only point raised on behalf of the petitioner is that there has been no application of mind as the detention is based upon the hypothetical order as contained in Annexure -2 in which the grounds have been set forth that whenever the petitioner is detained in jail, there is peace and order and when he comes out an atmosphere of insecurity is created and people at large feel un -safe. It will be relevant to quote the language used and relied upon by the learned counsel appearing on behalf of the petitioner. It runs as follows: - -

(2.) I am afraid, the submission cannot be accepted. It appears that several grounds have been mentioned for the detention of the petitioner and from perusal of those grounds it is indicated that the petitioner had been indulging into murder, possession of illegal arms, and kidnapping of innocent persons.

(3.) Therefore, these are the grounds for the detention of the petitioner and the observation of the detaining authority that when ever the petitioner is put inside the jail there is peace and security will be said to be a socio legal aspect of the resultant effect of the conduct of the petitioner. In support of the order that the petitioner by his illegal activities has created such an atmosphere of insecurity and instability and acute disturbances in the public order at large that whenever he is inside the jail the criminal magnetic field created automatically comes to an end restoring a sense of security, stability and confidence in socio legal order of the public at large.