D.K.SINHA, J. - (1.) THE petitioner has invoked the writ jurisdiction of this Court for quashment of the entire proceeding of CCA Case No. 2 of 2007 including the orders passed by the Deputy Commissioner, Pakur dated 7.4.2007, the order of the State Government granting approval of the detention of the petitioner dated 17.4.2007 as also the order dated 10.5.2007 whereby and where -under the Advisory Board confirmed the order of detention of the petitioner under Sections 21(1) and 22 of the Act passed by the Deputy Commissioner, Pakur under Section 12(2) of Bihar (Jharkhand) Control of Crimes Act, 1981 with the consequential relief by recording the order for the release of the petitioner Serajul Sheikh.
(2.) THE petitioner has challenged the orders on the ground that it were violative of Articles 14, 19(1), 21 and 22 of the Constitution of India and Sections 12, 17 and 23 of the Bihar (Jharkhand) Control of Crimes Act. The short fact of the case was that the Deputy Commissioner, Pakur initiated a proceeding bearing C.C.A. Case No. 2 of 2007 against the petitioner on the report of the Superintendent of Police, Pakur under the Bihar (Jharkhand) Control of Crimes Act, 1981 (hereinafter referred to as the Act). The Deputy Commissioner, Pakur on taking note of the recommendation letter No. 754 dated 3.4.2007 of the Superintendent of Police, Pakur, passed order on 7.4.2007 in exercise of jurisdiction under Section 12(2) of the Act by directing the preventive detention of Serajul Sheikh in Central Jail, Dumka. As per the procedure laid down in the Act, the detention order of Deputy Commissioner, Pakur was referred to the State Government for approval and was accordingly approved under Section 12(3) of the Act on 17.4.2007 and the same was served upon the petitioner on 18.4.2007 with the grounds of his detention.
(3.) THE petitioner took the following grounds challenging his detention orders: (i) The order dated 7.4.2007 passed by the Deputy Commissioner in C.C.A. Case No. 2 of 2007 was not served upon him. (ii) The order dated 17.4.2007 of the State Government granting approval under Section 12(3) of the Act of his detention though was served upon him on 18.4.2007 but without furnishing the copies of the relevant papers and the grounds of his detention. (iii) The petitioner had earlier suffered preventive detention under the orders of the Deputy Commissioner, Pakur in CCA Case No. 1 of 2007 on 6.2.2007 on the basis of the report of the Superintendent of Police, Pakur but the State Government refused to approve his detention under Section 12(3) of the Act and accordingly the matter was dropped. It was contended that the present proceeding being based upon the similar report of the S.P., Pakur his subsequent preventive detention was unsustainable under law. ;