MOHD. NISAR Vs. STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) By this application under Articles 226 and 227 of the Constitution of India the petitioner has invoked the jurisdiction of this court to quash the order of detention contained in Annexure-1 appended to this application.

(2.) The facts relevant for the disposal of this application, in short, are that the petitioner was arrested on 23-9-1986 and the order of detention was served on the same day. The ground of detention was served by respondent No. 2 vide Memo No. 1694 dated 23-9-1986, copy of which is Annexure-2 appended to this application. From Annexure-2 it appears that number of grounds have been enumerated in the said Annexure and it is needless to go into the details of the same. It appears that all the cases mentioned in the ground of detention relate to the offences under the Indian Penal Code and Arms Act and they are pending for trial. It ranges from year 1984 to 1986. The last part of Annexure-2 reads as follows:

(3.) The petitioner was informed that he may make representation in writing to the Joint Secretary, Home (Police Deptt, Government of Bihar, Patna, against the order under which he has been detained.