SHARDA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has impugned the order of detention Annexure -1 dated 13th August, 1995 whereby the District Magistrate, Gopalganj has ordered for his detention under Section 12(2) of the Bihar Control of Crimes Act, 1981.

(2.) FOR the disposal of this writ petition, it is not necessary to notice all facts except those which are necessary for considering the submissions urged before us. Mr. Ashok Kumar, J. C. to AAG HI appears on behalf of the State and submits that he has filed a counter -affidavit and the same has not been included in the brief. We have obtained a copy of the counter - affidavit which is said to have been filed on behalf of the State.

(3.) THE order of detention proceeds on the basis that the petitioner has a criminal background and the ground of detention refer to three recent cases in which the petitioner is involved. On the basis of those cases the District Magistrate was satisfied that it was necessary to detain the petitioner under the provisions of the Act with a view to preventing him from acting in a manner prejudicial to public order.