SALMAN IRAKI Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) THIS application has been filed for quashing the order contained in memo No. 1010(ii) dated 20.05.15 (Annex -ure -3) passed by the District Magistrate, Ranchi, whereby and whereunder, he detained the petitioner in exercise of power conferred upon him under Section 12(2) of the Jharkhand Crime Control Act, 2002 (hereinafter referred as 'Act'). It is submitted by Sri P.K. Sinha, learned counsel for the petitioner that the aforesaid order of detention is bad, because it is violative of Section 17(1) of the Act. It is submitted that as per Section 17(1) of the Act, the respondent -detaining authority is required to serve the grounds of detention within five days in ordinary course. It is submitted that in exceptional circumstances by giving reason, the detaining authority can serve the grounds of detention in between 6 -10 days. It is submitted that in the instant case, admittedly, the grounds of detention served upon the petitioner on 26.05.2015, i.e. beyond five days, but no reason assigned as to why it has been served after five days. Accordingly, it is submitted that the detention of the petitioner is illegal, being violative of Article 21 of the Constitution of India.

(2.) ON the other hand, Sri R.R. Mishra, learned G.P. -II submits that there is no such delay in service of the grounds, because the Act itself provides that in exceptional circumstances, the detaining authority can serve the grounds after five days, but within ten days. It is submitted that it appears from the record that at the first instance, the detaining authority sent the grounds of detention to the Birsa Munda Central Jail, Ranchi for its service upon the detenu, but the same was returned to the detaining authority with endorsement that the detenu has already been transferred to Lok Nayak Jaiprakash Narayan, Central Jail, Hazaribag on 16.05.2015. Thereafter the detaining authority sent the grounds of detention to the Senior Superintendent of Police, Ranchi for serving it to the detenu at Hazaribag. It is submitted that later on grounds of detention sent to Hazaribag on 25.05.2015 within time, but due to the mistake of the Jail employee, same has not been served on 25.05.2015 and served on 26.05.2015. Thus, in view of the aforesaid exceptional circumstances, there is no delay in service of the grounds of detention.

(3.) THERE is no explanation in the counter -affidavit filed by the Deputy Commissioner as to why he kept the grounds for two days in his office after the same was returned by the Superintendent of Birsa Munda Central Jail, Ranchi. Likewise, there is no explanation as to why the Senior Superintendent of Police, Ranchi kept the grounds in his office for two days, i.e. from 23.05.2015 to 25.05.2015. It is worth mentioning that the reason for delay of service of grounds has not been given to the petitioner.