SUNIL SINGH Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) Petitioner is aggrieved by the detention order, bearing Letter No. 17 dated 13-1-2005, Annexure-1 to this application, passed by the District Magistrate, Begusarai, whereunder resorting to the provisions contained in sub-section (2) of Section 12 of the Bihar Control of Crime Act, 1981 (hereinafter referred to as the Act), petitioner has been detained in Begusarai District Jail. He is further aggrieved by the grounds of detention as contained in order bearing No. 24 dated 15-1-2005, Annexure-2 to this application issued by the aforesaid detaining authority. He is even aggrieved by the order of the State Government as communicated to him by the Deputy Secretary to the Government in the Home (Police) Department, bearing No. 2077 dated 15-3-2005, Annexure-1 /3, whereunder State Government has been pleased to confirm the aforesaid detention of the petitioner for a period of one year from the date of issue of the detention order dated 13-1-2005 until 12-1-2006.

(3.) The ground of challenge raised against the aforesaid detention order is that the representation of the petitioner dated 8-2-2005, as contained in Annexure-5 to this application and filed in compliance of the liberty granted in the concluding portion of the grounds of detention dated 15-1-2005, Annexure-2, through the Superintendent of District Jail Begusarai, has belatedly been disposed of after more than 45 days by the State Government under orders dated 24-3-2005, Annexure-6 to this application and the delay in disposal of the representation is violative of the Constitutional Guarantee contained in sub-clause (5) of Article 22 of the Constitution of India as also Section 17 of the Act, which, inter alia, enjoins the State Government to dispose of the representation of the petitioner without any delay.