DEWANAND JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this habeas corpus petition the petitioner has prayed for quashing of the order of detention dated 2.5.1997, whereby the District Magistrate, Araria, on being satisfied that it was necessary so to do, with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of the public order, passed the order of detention under Section 12 of the Bihar Control of Crimes Act, 1981 (hereinafter to be referred to as the Act). He has also impugned the order dated 2.8.1997 passed by the State Government confirming the order of detention under Section 21 of the Act.

(2.) IT appears that the petitioner was in jail custody in connection with offences said to have been committed be him, but the detaining authority was conscious of the fact that he was likely to be released on bail and, therefore, it was necessary to pass the order of detention with a view to preventing him from acting in any manner prejudicial to the maintenance of the public order. It is not in dispute that the order of detention was served on the petitioner on the same day in jail and the grounds of detention were served upon him on 6.5.1997. The order of detention was approved by the State Government under Section 12 (3) of the Act on 13.5.1997. The petitioner also represented to the State Government against the order of detention on 28.5.1997, which was rejected by the Government on 23.6.1997. The matter was placed before the Advisory Board under the Act and the Advisory Board also submitted a report finding that there was, in its opinion, sufficient ground for detention of the petitioner. Pursuant thereto, the order, confirming the order of detention, was passed on 2.8.1997 in exercise of power under Section 21 (1) read with Section 22 of the Act. By the aforesaid order, which is Annexure -10 to the writ petition, the State Government confirmed the detention order dated 2.5.1997, made by the District Magistrate, Araria, and further directed that the petitioner shall remain in detention till 1st of May, 1998.

(3.) THIS Court issued notice to the respondents on 27.8.1997 and the rule was made returnable within two weeks. A counter affidavit was filed on behalf of the District Magistrate, Araria, affirmed by an Executive Magistrate. This Court refused to act on the basis of the counter affidavit affirmed by the Executive Magistrate and directed the detaining authority itself to affirm the counter affidavit. The District Magistrate, Araria, thereafter, filed a counter affidavit justifying the order of detention.