MAHENDRA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) A proceeding under the Bihar Control of Crimes Act, 1981, hereinafter referred to as "the Act 1981" was initiated against the petitioner. An order under Section 12(2) of the Act 1981 was passed on 23.3.2005 by the District Magistrate, respondent No. 4, Annexure -1, stating that movement of the petitioner is prejudicial to the maintenance of public order and, as such, he be detained in District Jail, Sasaram. The State Government approved the detention vide order dated 1.4.2005, Annexure - 2. The petitioner filed representation against his detention, according to the petitioner on 6.4.2005. The said representation was rejected on 5.5.2005, Annexure -4. Thereafter, the final order of detention was passed under Section 22(1) read with Section 22 of the Act 1981. and the petitioner was directed to be detained till 24.3.2006, Annexure -5. The petitioner has challenged the order of detention in this writ petition mainly on the ground that there was unexplained delay in disposal of the representation.

(2.) A counter -affidavit has been filed on behalf of respondent Nos. 1. to 3 explaining the delay in disposal of the representation. The submission of the counsel for the petitioner is that the delay in disposal of the representation has not been explained as required under the law stating that the representation was filed on 6.4.2005 which was rejected on 5.5.2005. He also relied on a decision in the case of Rajammal v. State of Tamil Nadu, AIR 1999 SC 684.

(3.) ACCORDINGLY , this writ petition is allowed, and the order of detention, Annexures -1 and 5 are hereby quashed.