CHARAN SINGH Vs. THE STATE OF BIHAR & ORS

JUDGEMENT

(1.) These three application under Articles 226and 227of the Constitution of India for writ in the nature of habeas corpus have been heard together As common questions of law and facts are involved and common argument was advanced in all the petitions, they are being disposed of by this common judgment. The Government of Bihar on being satisfied that with a view to prevent the petitioners from acting in any manner prejudicial to the security of the State passed the detention orders on 15.12.1984 as contained in Annexure 1 of each of the petitions, in exercise of the power conferred by sub -section (2) of Sec. 3of the National Security Act (No. 65 of 1980) (here in after called as 'the Act'). A brief narration of the facts giving rise to these petitions is necessary in order to appreciate the points raised by the parties.

(2.) The petitioners were arrested by the police in the night between the 29th and the 30th November, 1984 at Jogbani Check post near Nepal border in the State of Bihar The police registered Jogbani P. S. case No. 110 of 1984 under Ss. 121A, 123, 124A153A505and 120Bof the Indian Penal Code, read with Sec. 5(c) of the Prevention of Corruption Act against them. They were produced be fore a Judicial Magistrate, Araria, District Purnea (Bihar) and they were remanded to jail custody in connection with the said police case. While they were in Jail, the order of detention was served on them on 17.12.1984 and the ground of detention on 20.12.1984. After receipt of the opinion of the Advisory Board, the State Government confirmed the detention order on 24.1.1985.

(3.) Mr. Basudeo Prasad, Learned Counsel appearing on behalf of the petitioners assailed the detention order and first contended that the grounds of detention were served on the (sic) on the 5th of January, 1985, and so they were deprived of their right of filing representation.