SURENDRA SINGH ALIAS DOCTOR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) Petitioner, who on the relevant date i.e. 13/15.1.2005 was lodged in Adarsh Central Jail, Beur, Patna, has filed this writ application questioning the correctness and validity of the order No. 16 dated 13.1.2005, Annexure-1 to this application,.passed by the District Magistrate, Begusarai, whereunder he has been detained in terms of the provisions contained in Sub-section (2) of Section 12 of the Bihar Control of Crimes Act, 1981 (hereinafter referred to as 'the Act'). He has further questioned the correctness and validity of the order dated 22.1.2005, as contained in Memo No. 143 dated 22.1.2005, Annexure-4 to this application, whereunder his detention has been approved by the State Government in terms of the power conferred under Sub-section (3) of Section 12 of the Act.

(3.) The ground of challenge raised against the aforesaid two orders in the writ application as also during the submission made before this Court is that the two orders have been passed contrary to the provisions contained in sub-clause (5) of Article 22 of the Constitution of India as also Section 17 of the Act, which, inter alia, provides that when a person is detained, pursuant to an order passed under the Act, the authority making the order should, as soon as may be, communicate to the detenue the grounds on which he has been detained and the authority should also afford the detenue the earliest opportunity of making representation against the detention order. The further ground of challenge raised against the two impugned orders is that from facts pleaded in the writ petition and admitted in the counter affidavits, it would appear that the two impugned orders are reminiscent of non-application of mind by the detaining authority as also by the State Government.