AKHILESH SINGH Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) Invoking the extra ordinary jurisdiction of this Court under Art. 226 of the Constitution of India, the petitioner has prayed to quash the order dated 20.04.2015 passed by the respondent no.4-the Deputy Commissioner, East Singhbhum, whereby a direction has been given to detain the petitioner for one year under Sec. 12(1) read with Sec. 12(2) of Jharkhand Control of Crimes Act, 2002 (hereinafter referred to as "the Act") and further pays for quashing of the subsequent order dated 30.04.2015 passed by the respondent no.3-the Deputy Secretary, Department of Home, Govt. of Jharkhand, Ranchi by which the order of detention dated 20.04.2015 passed against the petitioner, has been approved.

(2.) The relevant facts, which are necessary for the proper adjudication of the issue involved in this criminal writ application, are that the respondent no.4 issued a preventive detention order of one year on 20.04.2015 under the Act (Annexure-1) disclosing pendency of several cases against this petitioner and there is every apprehension that whenever he will be released from jail custody, there will be a law and order problem in the concerned district and in fact he is a terror in East Singhbhum specially in Jamshedpur.

(3.) Learned senior counsel Mr. Anil Kumar Sinha appearing for the petitioner seriously contended that the above order issued by respondent no. 4 being contrary to the mandates given in proviso to Sec. 12(2) of the Act is illegal and not sustainable in the eye of law. The action of respondent authorities is also violative of Articles 14 and 21 of the Constitution of India. It was also submitted that in view of the provision as contained in Sec. 12(2) of the said Act, the petitioner cannot be detained for more than three months in one stretch and the order to detain the petitioner for the period of twelve months is clear violation of prescribed manner and settled law. In support of his contention, learned senior counsel relying upon on a recent judgment of Honourable Supreme Court rendered in the case Cherukuri Mani Vs. Chief Secretary, Government of Andhra Pradesh & Ors.; 2014 Cr.L.J. 2748 and also on an unreported judgment of Division Bench of this Court dated 31.01.2011 passed in W.P.(Cr.) (HB)No. 460 of 2010 (Mashuk Manish @ Monu Vs. State of Jharkhand & Ors.) and a judgment dated 24.07.2015 passed by this Court in W.P.(Cr.) no. 33 of 2015 submitted that though in the case Cherukuri Mani (supra), the order was passed under Sec. 3(2) of the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (hereinafter referred to as "the A.P.Act", 1986), but the said provision is exactly similar to the provisions of Sec. 12(2) of the Jharkhand Control of Crimes Act. In that case, the Honourable Supreme Court considering the case of the husband of the appellant, who was having a criminal antecedent and was directed under Sec. 3(2) of the A.P.Act, 1986 to be detained for 12 months, held that the impugned Government order directing detention for the maximum period of twelve months straightway cannot be sustained in law and further held that restriction of initial period of detention to three months is nothing but implementation of mandate contained in Clause 4 (a) of Art. 22 of the Constitution of India. It was also submitted that though there is a long list of criminal antecedent of the present petitioner but in almost every case, the petitioner has either been acquitted or has been released on bail and that the last release order of the petitioner reached at Ghagidih Jail, Jamshedpur on 20.04.2015 at about 1:30 P.M., where after the order of detention passed by the respondent no.4 was handed over to the Jail Superintendent- respondent no.6 at about 3.00 a.m. on 21.04.2015 and he was detained in jail custody, which is absolutely illegal and contrary to the law and mandates given by the Honourable Supreme Court in the above case. Hence, the petitioner deserves to be released forthwith.