JAGARNATH MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application for a writ of habeas corpus the detenue- petitioner who is detained in Chas Jail vide detention order dated 20-8-95 passed by the District Magistrate, Bokaro purporting to the under Section 12(2) of the Bihar Control of Crimes Act 1981 (hereinafter it shall be referred as "the Act"), has challenged the validity of detention mainly on three grounds.

(2.) The 1st ground is that he does not come within the definition of "ami social element" as defined in Section 2(1) (c) of the Act. The second ground of challenge is there has been in-or- dinate delay of 43 days in disposing of his representation which by itself renders detention illegal. The third ground is the detention order has been passed malafide to prevent him from carrying on his trade union activities.

(3.) The petitioner is the secretary of Bermo Block of Jharkhand Mukti Morcha (Mardi), as registered political party by the Election Commission of India. He is also an active member of Trade Union 'Jharkhand Colliery Shramik Union', a registered Trade Union under the Trade Union Act. The field of the activity of the petitioner is within the Bermo Block of Bokaro district where Bhandardih Refractories Ltd., a Government of India Undertaking, Chandrapura Thermal Power station of Damodar Valley Corporation and the collieries of Dhori, Kargali, Kathara areas of Central Coalfields Ltd. A Govt. of India undertakings are situated. The petitioner contends that he raises voices of labourers, displaced persons and the oppressed class of people living peacefully and following the Rules and Regulations of the Trade Union and agitates matters as prescribed by law. He always high lighted the corruption of cfticials of Bharat Refractories Ltd. At Bhandardih, Damodar Valley Corporation, etc.