MITHILESH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application prayer has been made for direction for quashing the order of detention passed by the District Magistrate i.e. Respondent No. 2 dated 18.12.1996 under Section 12(2) of the Bihar Control of Crimes Act, 1981, as contained in Annexure 1 and the subsequent orders of approval of detention dated 28.12.1996 and confirmation of the State Government dated 25.2.1997.

(2.) According to the petitioner, while he was in custody was served with detention order dated 18.12.1996 on 19.12.1996 by Respondent No. 2. Then he had also been served with the grounds of detention on 20.12.1996 with the documents contained therein. According to the petitioner, he was served with a copy of the documents which were not elegible and, as such, he had made request for serving legible copy of the documents. Then order dated 30.12.1996 was passed approving the order of detention by Respondent No. 4 dated 28.12.1996 which is contained in Annexure-2. On 3.1.1997, the petitioner filed representation as contained in Annexure 3. On 29.1.1997 the petitioner was informed that his representation has been rejected which has been contained in Annexure-4. Confirmation order by the State Government dated 25.2.1997 was served on the petitioner on 1.3.1997 which is contained in Annexure-5.

(3.) In this writ petition, challenge of the detention has been made on the following grounds: That there, was delay in presentation of the petitioner before the Advisory Board and without his production, the Advisory Board recommended the rejection of representation and the State Government without going through the representation itself only ditto the Advisory Board's report and confirmed the detention order.