SIKANDAR SAHNI Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) This writ application has been filed for setting aside the order bearing No. 7/CCA -10 -35/2015 Home Police 5475 dated 5 -8 -2015 (Annexure -1), issued under the signature of the Under Secretary, Home (Police) Department, Government of Bihar, Patna, in exercise of power conferred under Ss. 21 (1) and 22 of Bihar Control of Crimes Act, 1981 (hereinafter referred to as 'the Act'), by which the order of detention dated 29 -6 -2015, in exercise of power conferred under Sec. 12(2) of the Act, passed by the District Magistrate, Khagaria, has been confirmed and there has been direction to detain the petitioner till 28 -6 -2016. The brief facts leading to this criminal writ are as under: - -

(2.) After passing of the detention order, copy of the same was served upon the petitioner together with the grounds for detention and the order of detention was made for approval before the State Government, which came to be approved vide order dated 9 -7 -2015, passed by the Home (Police) Department, Government of Bihar, Patna.

(3.) The petitioner made his representation before the Secretary, Home (Police) Department, Bihar, Patna, against the said detention order, which was rejected vide order dated 5 -8 -2015 (Annexure -5), passed under the signature of the Under Secretary, Home (Police) Department, Government of Bihar, Patna. The matter of detention of the petitioner was referred to the Advisory Board together with the grounds of detention and the representation of the petitioner. The Advisory Board on 22 -7 -2015 opined that there being sufficient grounds exist for detention of the petitioner. Thereafter, the State Government confirmed the said detention order dated 29 -6 -2015 and further directed to detain the petitioner till 28 -6 -2016 vide order dated 5 -8 -2015, passed under the signature of the Under Secretary, Home (Police) Department, Government of Bihar, Patna.