MOTI YADAV, SON OF KARELAL YADAV, RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, GOVERNMENT OF BIHAR

JUDGEMENT

(1.) Heard Mr. B.P. Pandey, learned senior counsel for the petitioner and learned counsel for the State.

(2.) By this writ application, the petitioner challenges the order passed under Section-3 (3) of the Bihar Control of Crimes Act, 1981 (hereinafter in short referred to as the Act), by the District Magistrate, Bhagalpur, being order dated 29.03.2016 in Crime Control Case No. 109/2015-16.

(3.) On behalf of the petitioner, Mr. Pandey, learned senior counsel submits that the order of surveillance as passed cannot be sustained because on the same grounds when an order of detention was passed under Section-3 (3) of the Act, in very recent past, State Government did not approve. Now, the order is being passed only because of panchayat election and to ensure that petitioner is not available in his panchayat. Even otherwise the nature of surveillance order passed is quite unreasonable.