RAJ KUMAR SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE detention order has been admittedly passed by the District Magistrate, Giridih, but the counter -affidavit, despite opportunity granted, has not been filed by the District Magistrate i.e., the Detaining Authority, but by one Sri Awadhesh Kumar Pandey who is the Circle Officer, Giridih Sadar.

(2.) IN paragraph 11 of the writ application, the specific allegation or the petitioner is that the detention order has been passed with total non - application of mind. Paragraph 11 of the writ application reads thus : - -

(3.) THE petitioner in this case has been detained under Section 12(2) of the Bihar Control of Crimes Act, 1981. In such a situation, therefore, the only established procedure to rebut and refute the allegation of issuing the detention order without application of mind, was the filing of a counter affidavit by the Detaining authority but for totally unexplained reasons, the Detaining Authority has chosen not to file his counter affidavit and in his place, the counter affidavit has been filed by the Circle Officer which cannot be substituted for the Detaining Authority. We are specifically saying so because in paragraph 9 of the counter affidavit filed by the Circle Officer, he has mentioned that :