Sabyasachi Mukharji, J. - (1.) This Appeal and the Writ Petition challenge the order passed by the District Magistrate, Dhanbad under section 12(2) of The Bihar Control of Crimes Act, 1981 (hereinafter called the said 'Act'). The order was passed on 15th January, 1985 and was served on the petitioner on 7th December, 1985. The impugned order was approved by the Government on 15th January, 1985.
(2.) The said Act was an Act to make special provisions for the control and suppression of anti-social elements with a view to maintenance of public order. Section 12 deals with power to make orders for detaining persons.
(3.) Clause (d) of section 2 of the said Act states 'Anti-Social Element' as a person who is: (i) either by himself or as a member of or leader of a gang, habitually commits, or attempts to commit, or abets the commission of offences, punishable under Chapter XVI or Chapter XVII of the Indian Penal Code; or (ii) habitually commits or abets the commission of offences under the Suppression of Immoral Traffic in Women and Girls Act, 1956; or (iii) who by words or otherwise promotes or attempts to promote on grounds of religion, race, language caste or community or any other grounds whatsoever, feelings of enmity of hatred between different religions, racial or language groups of castes or communities; or (iv) has been found habitually passing indecent remarks to, or teasing women or girls; or (v) who has been convicted of an offence under Section 25, 26, 27, 28 or 29 of the Arms Act of 1959.;