DAHU YADAV Vs. THE STATE OF JHARKHAND THROUGH CHIEF SECRETARY, HOME DEPARTMENT, PROJECT BHAWAN, DHURWA, RANCHI

JUDGEMENT

(1.) The instant habeas corpus petition is preferred by the petitioner challenging the detention order dated 27th June, 2011 (Annexure 3) passed by the District Magistrate, Sahebganj (respondent no. 3) under the provisions of the Jharkhand Control of Crimes Act, 2002 (hereinafter referred to as "the Act"); the order dated 16th July, 2011 contained in Memo No. CCA/24/01/2011-2749 (Annexure 4) passed by the Deputy Secretary, Home Department, Government of Jharkhand (respondent no. 2) and also the order dated 19th August, 2011 contained in Memo No. 3/ CCA/24/01/2011-3276 (Annexure 5) whereby the respondent no. 2 has affirmed the order of respondent no. 3 dated 27th June, 2011.

(2.) The detenu Dahu Yadav Son of Pashupati Yadav, Village Shovanpur Bhatta, P.O. and P.S. Sahibganj is detained under section 12 (2) of the Act. The District Magistrate recorded his satisfaction for detention of the petitioner on a proposal preferred by the Deputy Superintendent of Police, Sahibganj Mufassil (respondent no. 4) vide letter dated 13th May, 2011, letter no. 927 dated 13th May, 2011 was written with the complete report regarding criminal history and the cases in which he was involved. The said letter dated 13th May, 2011 is Annexure 1 to the writ petition. A list of criminal cases was appended to the said letter consisting of previous criminal history of eleven cases and the cases pertaining to the year 2011 being seven in number. The last case registered against the petitioner was on 2nd May, 2011 under sections 147, 148, 149, 324, 341, 342, 307 of the Indian Penal Code and section 27 Arms Act. The detenu Dahu Yadav along with his associates were pressurising Smt. Chanmati Devi, Up Mukhiya of Village Sobhanpur Panchayat while distribution of essential commodities to the villagers below the poverty line was carried out. Husband of Smt. Chanmati Devi, namely, Bali Ram Yadav tried to intervene who was manhandled and injured by the petitioner and was locked in a public toilet. He was released only after arrival of the police. Dahu Yadav was sent to jail.

(3.) On perusal of Annexure 1, it transpires that the nearby residents were terrorised and an atmosphere of fear prevailed amongst all the nearby residents, who were also questioned by the police but none of them were ready to disclose the details of the incident. The residents locked themselves in their respective houses and thus the public order was completely disrupted. A detail report was sent to the District Magistrate, Sahibganj (respondent no. 3) vide letter dated 13th May, 2011 and, at the same time, a letter was also sent to the Deputy Commissioner. The District Magistrate passed the order vide Annexure 3 under section 12 (2) of the Act expressing his satisfaction that an atmosphere of terror has prevailed and the public life stands completely hampered and no one is ready to give their statement or open their mouth. It was directed that aforesaid Dahu Yadav be detained in the Central Jail at Dumka for prevention of public order. The approval of the detention order is Annexure 4 under section 12 (3) dated 16th July, 2011 and the emphasis of the learned counsel is that this was beyond the prescribed period of 12 days or an extended period of 15 days as provided under section 17 of the Act and, therefore, the order of detention, by laps of the aforesaid period was rendered nonest. The Advisory Board confirmed the detention order on 19th August, 2011 whereby the petitioner was detained for a period of twelve months i.e. up-till 26th June, 2012.