- (1.) This writ of Habeas Corpus has been filed against the order of detention dated 24.09.2011 passed by the District Magistrate-cum-Deputy Commissioner, Hazaribagh under Section 12(2) of the Jharkhand Crime Control Act, 2002 and subsequent orders confirming the same.
(2.) After going through the records and hearing the parties, the following position emerges: The order of detention was passed on 24.09.2011 by the District Magistrate. There is nothing to show that the right to make representation against it was informed to the petitioner in the said order. Then while approving the said order, by order dated 01.10.2011, the petitioner was informed that he could make representation before the Government. There is no explanation as to why the said order dated 01.10.2011 was communicated to the petitioner after a long delay on 14.10.2011, though the petitioner was lying in jail. (It appears that before it was communicated, the wife of the petitioner made a representation on 12.10.2011 before the District Magistrate). The Advisory Board gave it's report on 22.10.2011 approving the order of the State Government. Ultimately, the order of detention was confirmed by the State Government on 03.11.2011. Thereafter, a representation was filed by the petitioner on 18.11.2011 which was disposed of after a delay of about 34 days on 22.11.2011.
(3.) Counsel for the State submitted that there was delay on the part of the petitioner himself in making a representation and moreover, there is no time fixed for the disposal of the same, though the same should have been disposed of within a reasonable time. He further submitted that there was some delay in disposal of the representation as several facts were to beascertained from several districts which took sometime.;