BHAGWAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two habeas corpus applications under Article 226 of the Constitution have been referred to a Full Bench for the decision of a common question of law and they are being disposed of by this judgment.

(2.) Bhagwan Singh, the petitioner of Cr. W. J. C. No. 183 of 1975, was lodged in Buxar Jail on the 21st of March, 1975, in connection with Itarhi P. S. Case No. 10 (2) 75 (State v. Unknown). On that very date a copy of the order of detention passed by the District Magistrate Bhojpur, under Section 3 (1) (a) (ii) read with Sub-section (2) of the Maintenance of Internal Security Act, 1971 (hereinafter to be called "the Act") was served on him. The grounds of detention were subsequently drawn up by the District Magistrate and were served on the petitioner on the 29th of March, 1975. The reasons for serving the grounds of detention beyond five days from the date of detention of the petitioner were not mentioned by the District Magistrate in the grounds of detention. Subsequently on the 3rd of April, 1975, the District Magistrate recorded the reasons and those were served on the petitioner on the 6th of April, 1975.

(3.) Sondhari Singh the petitioner of Cri. W. J. C. No. 187 of 1975, was taken in jail custody on the 6th of May, 1975, in pursuance of an order of detention dated the 3rd of May, 1975, passed by the District Magistrate, Patna, under Section 3 (1) (a) (ii) read with sub-section (2) of the Act. A copy of the order of detention was served on the petitioner on the very day he was arrested. The grounds of detention were, however, served on him on the 19th of May, 1975. In the grounds of detention the District Magistrate recorded in detail the reasons for not serving them between the 11th of May, 1975, and the 18th of May, 1975.