GOLU YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been preferred, seeking quashing of the detention order contained in Memo No. 1474- 2/Legal, Saharsa, dated 16.06.2015 (Annexure-1), issued by the District Magistrate, Saharsa, passed against the petitioner and the confirmation of the detention order dated 16.06.2015 referred above, contained in Memo No. 7/C.C.A.-10-23/2015 Home Police 5163/Patna dated 24.07.2015(Annexure-6), issued under the signature of the Under Secretary, Home(Police) Department, Government of Bihar, Patna, by which there has been direction to detain the petitioner till 15.06.2016.

(2.) The brief facts leading to this writ application are as follows:-

(3.) The contention of the petitioner is that he is neither an active, dreaded, notorious criminal nor he is an anti-social element and the detention order has been passed in mechanical manner at the instance of political enemy of the petitioner. It is also contended that the detention order does not mention substance of the allegation against the petitioner and the order of detention has been passed in violation of the provisions of Sec. 17 of the Act and the further contention is that the representation of the petitioner dated 03.07.2015 was rejected vide order dated 14.07.2015(Annexure-5) on flimsy grounds, whereas the petitioner does not come within the definition of Anti-social element as envisaged in Sec. 2(d) of the Act., therefore, the order under challenge require interference.