VIVEKANAND YADAV @ VIVEK YADAV Vs. STATE

JUDGEMENT

(1.) Heard Mr. Radhey Shyam Prasad, learned counsel for the petitioner and G.P. 12 for the State.

(2.) This habeas corpus application is directed against the order of detention dated 7th May, 2006 passed against the petitioner by the District Magistrate, Purnea in exercise of his power under Section 12(2) of the Bihar Control of Crimes Act, 1981 (hereinafter to be referred to as the "Act").

(3.) Learned counsel appearing on behalf of the petitioner, inter alia, submitted that the authorities detained the petitioner without their full satisfaction and without taking regard to the proximity of the offences committed by him and the order of detention. It is further submitted that the representation dated 9.7.2006, so filed by the petitioner, addressed to the Home (Police) Department Government of Bihar, Patna, as contained in Annexure-3 of the writ application, was ultimately rejected by the State Government vide order dated 31.1.2007 almost after six months of its filing and the delay in disposal of the same nowhere has been explained in either of the counter-affidavits filed on behalf of the respondents. Unexplained delay in disposal of the representation, therefore, would be a valid ground to set aside the order of detention itself.