- (1.) HEARD the parties at length.
(2.) THIS writ petition has been filed for quashing the detention order bearing Memo No. XV -I/II -899/Law dated 21.09.2011 issued by the District Magistrate. Ramgarh (respondent No.4), under Section 12(2) of the Jharkhand Control of Crimes Act, 2002 (hereinafter referred to as the Act) and also .the subsequent orders of approval dated 01.10 .2011 and the order of confirmation dated 03.11.2011. Mr. Jai Prakash, learned senior counsel appearing for the petitioner, relying on the judgment of the Hon'ble Supreme Court reported in AIR 2000 SC 2504, State of Maharashtra v. Santosh Shankar Acharya, submitted that this case is fully covered by that judgment in as much as the detaining authority did not commuhicate the petitioner about his right of representation. He further submitted that if the detention order passed under Section 12(2) of the Act is invalid for this reason, the subsequent approval and confirmation will be of no effect.
(3.) MR . Shresth Gautam, learned counsel appearing for the State, supported the impugned orders and submitted that the petitioner had opportunity to make representation before the detaining authority and the approving authorities as such right is provided under the law and therefore it was not required to be communicated in the orders. He further submitted that the detaining authorities have got no enmity with the petitioner and they have passed the detaining order bona fide and as per the procedures laid down and that their apprehension and satisfaction is subjective in nature.;