- (1.) The petitioner in this writ petition has prayed for issuance of an appropriate writ seeking his release from the preventive detention pursuant to the order dated 27.1.2015 as contained in Annexure 1 issued by the District Magistrate cum Deputy Commissioner, Bokaro under sub section (2) of section 12 of the Jharkhand Control of Crimes Act, 2002 (hereinafter referred to as "the Act") which has been confirmed by the State Government vide order dated 12.2.2015( Annexure A/1).
(2.) At the instance of respondent 2, the District Magistrate cum Deputy Commissioner, Bokaro, a proceeding against this petitioner was initiated by order dated 27.1.2015 on the report of the Superintendent of Police, Bokaro, in exercise of the jurisdiction vested under section 12(2) of the said Act directing detention of the petitioner in Chas Jail (Bokaro). The said order of the respondent no.2 was subsequently referred to the State Government for approval and the same was approved on 12.2.2015 under sub section 3 of Section 12 of the Act and the said approval of the State Government was served upon the petitioner on 12.2.2015.
(3.) The solitary question which has come up for consideration by this Court is as to whether the order of detention dated 27.1.2015 issued by the Deputy Commissioner and its subsequent approval by the State Government by order dated 12.2.2015 is violative of Article 22(5) of the Constitution of India as the same was approved beyond the period prescribed under sub section 3 of section 12 of the Act;