BALIRAM YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application under Article 226 of the Constitution of India has been filed for quashing the orders of detention of the petitioner under Jharkhand Control of Crimes Act. 2002 [the Act for short]. Mr. Rajeeva Sharma learned senior counsel appearing for the petitioner submitted as follows:

(2.) On the other hand, counsel for the State supported the impugned orders and referred to the counter-affidavit and the original records.

(3.) It appears that the order dated 27.06.2011 passed by the District Magistrate was approved on 05.07.2011 by the Chief Minister holding the portfolio of Home Ministry also. It further appears that there was some confusion whether the order was approved within twelve days or not? But it was rightly clarified on 13.07.2011 that it was within twelve days as the day on which the order of detention was passed by the District Magistrate was to be excluded [Please see (1989) SCC 653 Jitender Tyagi etc.]. Then on 16.07.2011, the communication was issued by the State Government.