DHARMENDRA TEWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) In this writ petition, the petitioner has prayed for the issuance of writ of habeas corpus and for quashing the order of detention passed by the District Magistrate, Banka, respondent No. 2 contained in his memo No. 524 dated 2-11-1998 which has been passed in purported exercise of power under Section 12 (2) of the Bihar Control of Crimes Act, 1981. He has also challenged the order of the Government of Bihar issued under the signature of the Deputy Secretary, Home (Police) Department, dated 10-11-1998 approving the order of detention passed by the District Magistrate, Banka. He has further prayed for quashing of the order dated 29-12-1998 passed by the State Government confirming the order of detention under Section 21 (2) of the Act. Several grounds have been urged in the writ petition for quashing of the aforesaid orders. One of the grounds urged in the writ petition is that there has been inordinate delay in consideration of the representation of the petitioner sent from jail.

(3.) A counter-affidavit has been filed on behalf of respondent No. 2 affirmed by the District Magistrate, Banka, the detaining authority. Apart from other averments in the counter-affidavit, it has been stated in para-graph-6 thereof that the petitioner had submitted his representation to the State Government on 9-11-1998 which was sent to the Home Department by the Jail Superintendent, Banka and was received in the Home Department on 11-11-1998. The representation received from the petitioner was referred to the Advisory Board on 17-11-1998 in view of the provisions of Section 19 of the Bihar Control of Crimes Act, 1981 along" with the detention order and the grounds of detention. On 18-12-1998, i.e. a month later, the representation along with the record was received in the Home Department from the Advisory Board. On the same day, the dealing Assistant placed the file before the Deputy Secretary who after giving his noting endorsed the same to the Home Secretary, and the Home Secretary on the same day sent the representation of the petitioner to the Government for its order. On 24-12-1998, the representation of the petitioner was rejected by the Government and the same was communicated to the petitioner widememo No. 14118 dated 29-12-1998.