PINTU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner seeks to impugn the order of detention dated 16th July, 2008, whereby the State Government in exercise of power conferred under Section 21 of the Bihar Control of Crimes Act, 1981, confirmed the order of detention dated 26th May, 2008 passed by the District Magistrate, Saharsa. The petitioner also seeks to impugn the initial order of detention dated 26th May, 2008 passed by the District Magistrate, Saharsa.

(2.) THE only contention put -forth by the counsel for the petitioner in assailing the order dated 16th July, 2008 passed by the State Government is that under Section 12(2) of the Bihar Control of Crimes Act, 1981, the order of detention in the first instance cannot exceed three months whereas vide order dated 16th July, 2008, the detention of the petitioner has been ordered until 4th June, 2009. i.e., for one year. We may immediately observe that the contention of the counsel for the petitioner lacks substance.

(3.) SECTION 12 of the Bihar Control of Crimes Act, 1981 reads thus: Power to make order detaining certain persons - (1) The state Government may, if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order and there is reason to fear that the activities of anti -social elements can not be prevented otherwise than by the immediate arrest of such person, make an order directing that such anti -social element be detained. (2) If, having regard to the circumstance prevailing or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate, the State Government is satisfied that it is necessary so to do, it may by an order in writing direct, that during such period as may be specified in the order, such District Magistrate may also, if satisfied as provided in Sub -section (1) exercise the powers conferred upon by the said Sub -section: Provided that the period specified in an order made by the State Government under this Sub -section shall not, in the first instance exceed three months, but the State Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time. (3) When any order is made by District Magistrate, he shall forthwith report the fact to the State Government together with the grounds on which the order has been made and such other particulars as, in his opinion, have a bearing on the matter and no such order shall remain in force for more than 12 days after the making thereof unless, in the meantime, it has been approved by the State Government. Provided that where under Section 17 the grounds of detention are communicated by the officer making the order after five days but not later than ten days from the date of detention, this Sub -section shall apply subject to the modification that, for the words "twelve days", the words "fifteen days" shall be substituted.