IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1252 of 2010 RAJBALI YADAV Versus THE STATE OF BIHAR & ORS. ----------- For the Petitioner : Shri Md. Najmul Hoda, Advocate For the State : A.C. to AAG IV ---------- 3/ 5.1.2011 Heard counsel for the petitioner and the counsel for the state. By order dated 7.12.2010, time was allowed to the counsel for the state for filing counter affidavit on behalf of the District Magistrate, Khagaria and the State Government. Today, a counter affidavit has been filed on behalf of the Superintendent of Police, Khagarai. No counter affidavit has been filed on behalf of the state and the District Magistrate, Khagaria. The petitioner has been detained under the provisions of Bihar Control of Crimes Act, 1981 (hereinafter referred to as the ‘Act’) on account of an order passed by the District Magistrate, Khagaria under section 12(2) of the Act on 24.8.2010. This order was approved by the Under Secretary and further, it has been confirmed by the State Government under section 21(1) read with section 22 of the Act and the petitioner has been detained till 23.12.2011. These impugned orders have been challenged by the petitioner on the ground that while the order under section 12(2) of the Act being issued by the Collector, there was no consideration of the fact as to whether there is any proximity in between the cases 2 taken as a ground for detention and whether these cases relate to public order. Four cases were taken as ground by the Collector, which are Mansi P.S. Case No. 53 of 2008 dated 2.6.2008 under sections 448, 324, 307/34 of the IPC, Mansi P.S. Case No. 52 of 2009 dated 11.5.2009 under sections 147, 148, 149 and 506(B) of the IPC and section 27 of the Arms Act, Mansi P.S. Case No. 18 of 2009 dated 15.2.2009 under sections 147, 149, 323, 325 and 504 of the IPC and Mansi P.S. Case No. 131 of 2008 dated 19.11.2008 under sections 341, 452, 323 and 504 of the IPC and section 27 of the Arms Act. Two cases which have been taken as a ground, i.e., Mansi P.S. Case No. 131 of 2008 and Mansi P.S. Case No. 53 of 2008 are much earlier to the order of detention passed by the authorities and, as such, there was no reason for any apprehension of creating any disturbance to the public order by the petitioner. In one of the cases, i.e., Mansi P.S. Case No. 53 of 2008, the petitioner was not even named as an accused. He has been implicated during investigation by the Investigation Officer and in Mansi P.S. Case No. 52 of 2009, the offences relate to some individual having no impact on public order. Counsel for the petitioner submits that there are other grounds available for holding the impugned orders illegal but this ground in itself is sufficient for quashing of the order of detention passed by the District Magistrate under section 12(2) of the Act as well as consequent orders of approval and confirmation of the order of detention. There is total non-application of mind and total non 3 observance of mandatory provisions under the ‘Act’, by the District Magistrate, Khagaria; while issued impugned order of detention. We also find that this single ground is sufficient for quashing the impugned orders. Besides it, another reason for quashing of the impugned orders is keeping the representation filed by the petitioner against the order of detention passed under section 12(2) of the Act, pending till the date of confirmation of the detention order. Petitioner’s representation was rejected, without assigning any reason on the same date, the State Government issued the order of confirmation under section 21(1) read with section 22 of the Act. Delay in disposal of the representation without disclosing any reason for it, is also a good reason for quashing the detention order of the petitioner. Accordingly, this application is allowed. The orders impugned as contained in Annexure 3 dated 24.8.2010 as well as order dated 25.10.2010 (Annexure 1) passed by the Under Secretary, Department of Home (Police), Government of Bihar, are quashed. The petitioner, who is in custody, is directed to be released forthwith if not needed to remain in custody in any other case. Anil/ (Mridual Mishra, J.) ( Dharnidhar Jha, J.)