BINDESHWARI YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India for a writ in the nature to habeas corpus and a mandamus to release the petitioner from detention presently held at Saharsa under the order of the District Magistrate, Saharsa in exercise of the power under Section 18 of the Bihar Control of Crimes Act, 1981.

(2.) Stating that the activities of the petitioners were prejudicial to the maintenance of public order and that activities of the petitioner could not be presented otherwise than by immediate arrest, on 16-7-1987 the District Magistrate, Saharsa issued order to detain the petitioner. The petitioner, however, could not be taken in custody pursuant to the said detention order, but the District Magistrate reported the fact to the State Government together with the grounds on which the order had been made, as required under sub-section (3) of Section 12 of the Act and the State Government on 2 ,-7-1987 accorded approval to the petitioner's detention.

(3.) The petitioner, however, was taken in custody under the said order on 6-4-1988 and remanded to jail custody. On 10-4-1988 the grounds of detention "were served upon him. He has since been under detention.