NAUSHAD QURESHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this habeas corpus petition the petitioner has impugned the order of detention passed against him on 7.1.1999 by the District Magistrate, Bhojpur under Section 12(2) of the Bihar Control of Crimes Act, 1981. He has also challenged the order of approval of the said order of detention dated 18.1.1999.

(2.) The facts of the case are that the petitioner was in judicial custody in connection with a criminal case pending against him on 26.8.1998. However, on the report of the Superintendent of Police, the impugned order of detention dated 7.1.1999 under the Bihar Control of Crimes Act was passed by the detaining authority on being satisfied that it was necessary so to do with a view to preventing the petitioner from acting in any manner prejudicial to maintenance of public order and security of life and property of people of that area. It is not disputed before us that the order of detention was served on the same day i.e. 7.1.1999 and the order of detention was also approved by the Government within the prescribed period on 18.1.1999.

(3.) From the counter affidavit filed on behalf of the detaining authority it appears that the petitioner had submitted a representation to the State Government against his order of detention dated 25.1.1999/27.1.1999. The same was rejected by the Government as is evident from Annexure D dated 26th February, 1999 though the order appears to have been signed on 25.2.1999.