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2007 DIGILAW 540 (PAT)

Vivekanand Yadav @ Vivek Yadav v. State

2007-03-15

J.N.SINGH, NARAYAN ROY

body2007
Judgment 1. Heard Mr. Radhey Shyam Prasad, learned counsel for the petitioner and G.P. 12 for the State. 2. This habeas corpus application is directed against the order of detention dated 7th May, 2006 passed against the petitioner by the District Magistrate, Purnea in exercise of his power under Section 12(2) of the Bihar Control of Crimes Act, 1981 (hereinafter to be referred to as the "Act"). 3. Learned counsel appearing on behalf of the petitioner, inter alia, submitted that the authorities detained the petitioner without their full satisfaction and without taking regard to the proximity of the offences committed by him and the order of detention. It is further submitted that the representation dated 9.7.2006, so filed by the petitioner, addressed to the Home (Police) Department Government of Bihar, Patna, as contained in Annexure-3 of the writ application, was ultimately rejected by the State Government vide order dated 31.1.2007 almost after six months of its filing and the delay in disposal of the same nowhere has been explained in either of the counter-affidavits filed on behalf of the respondents. Unexplained delay in disposal of the representation, therefore, would be a valid ground to set aside the order of detention itself. 4. Several sets of counter-affidavits have been filed on behalf of the respondents, but from the supplementary counter-affidavit filed on behalf of respondent No. 2 the District Magistrate, Purnia. It appears that the Jail Superintendent, Purnia inadvertently sent the representation of the detenu dated 9.7.2006, addressed to the Home (Police) Department, Government of Bihar, Patna to his office vide letter No. 1224 which ultimately was sent to the State Government vide letter No. 206 dated 19.1.2007 which was duly considered and rejected by the State Government vide order dated 31.1.2007. 5. In the counter-affidavit filed on behalf of the Home (Police) Department, Government of Bihar, Patna no explanation whatsoever has been given for the delay in disposal of the representation. 6. In view of the statements made in the supplementary counter-affidavit filed on behalf of he District Magistrate, Purnea this is an admitted fact that the representation filed by the detenu/petitioner was disposed of almost after six months of its filing, whereas the law requires that a representation filed by the detenu must be disposed of with utmost expedition. 7. 6. In view of the statements made in the supplementary counter-affidavit filed on behalf of he District Magistrate, Purnea this is an admitted fact that the representation filed by the detenu/petitioner was disposed of almost after six months of its filing, whereas the law requires that a representation filed by the detenu must be disposed of with utmost expedition. 7. The Apex Court and this Court by various judgments have observed that the representation must be disposed of within a reasonable period and in case there is some delay that must satisfactorily be explained. Unexplained delay in disposal of the representation vitiates the order of detention. 8. In this connection reference may be made to the cases of Rajammal v. State of Tanmil Nadu, AIR 1999 SC 685 and Umesh Singh v. State of Bihar, 2002 (1) PLJR 419 . 9. Unexplained delay in disposal of the representation itself would be a valid ground to set aside the order of detention as it vitiates on this ground alone. 10. In the result, this application is allowed, order of detention passed against the petitioner is set aside and the authorities are directed to set him at liberty forthwith, in case he is not required in any other matter. 11. Before we part with this order, we are tempted to observe that the conduct of the District Magistrate, Purnea has not been found to be bona fide in keeping the representation of the detenu for five months in his own office and the same is accordingly deprecated. Let a copy of this order be communicated to the Chief Secretary, Government of Bihar, Patna.