RAMANUJ CHOUDHARY, DABLU CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The issues involved in both these writ applications are the same and, as such, they are being disposed of by this common order, though they were heard on two different dated. Cr. W.J.C. No. 319 of 1998 was heard under the heading 'For Hearing' whereas Cr. W.J.C. No. 396 of 1998 was heard for final disposal at the stage of admission. In both the writ petitions, orders of detention dated 26.12.1997 passed by the District Magistrate, Bhojpur under Section 3(2) of the National Security Act, 1980 (hereinafter to be referred to as the 'Act') has been challenged.

(2.) The ground for detention of the petitioners of both the petitions is that their activities are prejudicial to the maintenance of public order and security of life and property of public of that area. The order of detention was approved by the State Government in both the cases on 3rd of January 1998 and the same was confirmed under Section 12(1) read with Section 13 of the Act on 26th of May 1998 in case of petitioner of Cr. W.J.C. No. 319 of 1998 and on 12th of June 1998, in case of petitioner of Cr. W.J.C. No. 396 of 1998. It further appears that their cases were sent to the Advisory Committee and the Committee also opined for their detention and thereafter, the order was confirmed under Section 12(1) read with Section 13 of the Act.

(3.) The petitioner of Cr W.J.C. No. 319 of 1998 filed a representation on 6.4.1998 in terms of the provisions contained under Section 8 of the Act before the competent authority and the said representation was rejected and communicated on 27th of April 1998, vide Annexure-E to the counter-affidavit. In case of petitioner of Cr. W.J.C. No. 396 of 1998, the representation was filed on 22nd of April 1998 and the same was rejected on 21st May 1998. Thus, in case of petitioner of Cr. W.J.C. No. 319 of 1998, there is delay of 21 days and in case of petitioner of Cr. W.J.C. No. 396 of 1998, there is delay of more than a month.