- (1.) While the petitioner was in judicial custody in Birsa Munda Central Jail, Hotwar, Ranchi, he was served with an order dated 18.4.2009 (Annexure 1) passed by the District Magistrate, Ranchi, Respondent No. 4 whereby and whereunder the District Magistrate, Ranchi in exercise of power conferred under Sub-section (2) of Section 12 of the Bihar Control of Crimes Act (hereinafter referred to as the Act) read with notification No. 171 dated 15.1.2009 passed the order of detention of the petitioner. Subsequently, the Deputy Secretary, Government of Jharkhand in exercise of power under Section 12(3) of the Act approved the order of detention, vide its order dated 27.4.2009 (Annexure 2). Thereafter the State Government in exercise of power under Section 21(1) read with Section 22 of the Act confirmed the order of detention, vide its order dated 25.5.2009 (Annexure 3). On being served with the said orders, the petitioner filed a representation before the District Magistrate, Ranchi as also before the Deputy Secretary, Government of Jharkhand praying therein to release him as he has never been a member of a gang nor he has indulged himself in anti-social activities but nothing fruitful came out and as such, this writ application has been filed whereby the order of detention has been challenged to be bad on several counts.
(2.) Learned counsel appearing for the petitioner submitted that the order of detention was passed while the petitioner was in custody and as such, the order of detention should have been passed in compelling necessity, satisfaction/reason of which should have been recorded by the respondent but the detaining authority while passing the order of detention has not recorded any reason whatsoever and, therefore, the order becomes bad in view the of the decision rendered in a case of Sayed Abul Ala v. Union of India and Ors., 2007 12 SCALE 345.
(3.) The other ground on which the impugned orders have been sought to be quashed is that there was no valid conferment of the power on the District Magistrate, Ranchi to make a detention order as the notification No. 171 dated 15.1.2009 read with notification No. 1151 dated 23.3.2009 (Annexure A to the counter affidavit) under which the State Government in exercise of power under Section 12(1) of the Act conferred power upon to all the District Magistrates of the State of Jharkhand to pass order in terms of Section 12(2) of the Act within his territorial jurisdiction, is conspicuously silent as to whether power has been conferred upon all the District Magistrates to pass detention order in terms of Section 12(1) of the Act either on the circumstances prevailing on the date of the order preventing the detenu from acting in any manner prejudicial to the maintenance of the public order or in the circumstances likely to prevail during three months for which power has been conferred.;