SUBHASH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application under Articles 226 and 227 of the Constitution has been filed by the petitioner through which he has challenged his detention order dated 22.11.2006 issued by the District Magistrate, Patna under Section 12(2) of the Bihar Control' of Crimes Act, 1981 (Annexure -3) as well as its confirmation order dated 9.1.2007 issued under the signature of Deputy Secretary, Government of Bihar (Annexure -1) and has also prayed for its quashing.

(2.) THE facts giving rise to this writ application in short are that the Deputy Superintendent of Police, Patna vide his Office Memo No. 2708 dated 12.11.2006 sent a report (Annexure -2) to the District Magistrate, Patna through proper channel with regard to unlawful activities of the petitioner and recommended for his detention under Section 12(2) of the Act, 1981. The District Magistrate, Patna,,' respondent No. 2, called for report from the Sr.S.P., Patna and being satisfied with the unlawful activities of the petitioner and necessity of his detention for maintenance of public order in exercise of power vested under Section 12(2) of the Act passed an order of his detention (Annexure -3) and forwarded the same to the State Government. A copy of the order alongwith grounds for detention was also served upon the petitioner on the very next day. The State Government vide Annexure -4 dated 2.12.2006 approved the order of detention and placed the matter before the Advisory Board. On receipt of recommendation of the Advisory Board, the State Government vide its order dated 9th January, 2007 confirmed the order of detention - and directed that the petitioner shall be detained till 22.11.2007.

(3.) IT appears that inspite of service of grounds of detention, the petitioner did not file any representation before the competent authority.