SHAMBHU NATH SINGH Vs. THE STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) In this writ application, the petitioner has prayed for a writ of habeas corpus commanding the respondents to release the petitioner forthwith from illegal detention, purported to be one under Sec. 12 (2) of the Bihar Control of Crimes Act, 1981 (hereinafter referred to as 'the Act'). According to the petitioner, his detention is illegal for various reasons. According to him he is a law -abiding citizen carrying on business in the name and style of M/s Singh and Co. and his false implication in several criminal cases, as well as his detention under the Act, is on account of business rivalry within certain influential persons who tried to extort money from him, but failing to do so, they resorted to falsely implicating the petitioner in criminal cases and getting him detained under the Act. The District Magistrate, Singhbhum, by an order dated 20th November, 1985, in exercise of powers conferred by sub -section (1) of Sec. 12 of the Act read with notification No. 10437 dated 10.9.1985 directed that the petitioner be detained as he was satisfied that with a view to preventing him from acting in a manner prejudicial to the maintenance of public order, it was necessary to detain the petitioner. The petitioner according to the order, is an antisocial element as defined under section2(d) (i) of the Act. The order under Sec. 12 (1) of the Act was passed on 20th of November. 1985 and on 24th November, 1985 the order containing the grounds was issued pursuant to Sec. 17 of the Act This order dated 24th November, 1985 sets out certain fact under the heading 'background'. In the background it is mentioned that the petitioner is a veteran criminal, Dada, and an anti -social element of the area. He has terrorised the people of the area with his anti -social activities to such an extent that the people do not report against him. The public order and peace has been badly disturbed with his activities. The background, there after mentions five criminal cases pending against the petitioner which establishes his criminal and anti -social activities. Three of the cases relate to the year 1984, and two to the year 1985. Thereafter the order proceeds to enumerate the 'grounds'. Under the heading 'grounds', the District Magistrate has referred to several criminal cases against the petitioner The first case relates to an incident which took place on 24th of May, 1985 at about 9 p.m. in which it is alleged that the petitioner with his associates equipped with fire arms went to the residential quarters of Ram Bachan Roy with a view to kill his son, Ramjee Roy. When they did not find Ramjee Roy they threatened to shoot his father. On the next day, when Ram Bachan Roy was coming from duty he was threatened by the petitioner and asked to produce his son by the evening failing which he will be shot. A criminal case was lodged by said Ram Bachan Roy and it was registered under Ss. 144 /452 of the Indian Penal Code and 27 Arms Act. A chargesheet has been submitted in that case.

(2.) On the basis of the above grounds, the District Magistrate recorded his satisfaction that if the petitioner was allowed to be at large, he would indulge in activities prejudicial to the maintenance of public order, and there were reasons to fear that he will again create terror and also intimidate witnesses, and that his activities could not be prevented otherwise than by his detention.

(3.) Though the order of detention was passed on the 20th November, 1985 and the order containing the grounds is dated 24.11.1985, the same could not be served upon the petitioner since he was alleged to be absconding. The order of detention and the grounds could be served upon the petitioner only on the 9th of July, 1987. Earlier by its order dated 30th November, 1985, the State Government had approved the order of detention.