IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1056 of 2010 VIKAS KUMAR @ VIKKI, SON OF UDAY SHARMA, RESIDENT OF VILLAGE – KORRA, BAJITPUR, P.S. GHOSHI, DISTRICT – JEHANABAD. ……… PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH HOME (POLICE) DEPARTMENT. 2. DEPUTY SECRETARY, GOVERNMENT OF BIHAR. 3. DISTRICT MAGISTRATE, JEHANABAD, DISTRICT – JEHANABAD. 4. SUPERINTENDENT OF POLICE, JEHANABAD, JEHANABAD. …… OPP. PARTIES. ----------- 06/ 07.12.2010 This application has been filed by the petitioner challenging the order dated 10.5.2010 passed by the District Magistrate, Jehanabad contained in order no. 415 in exercise of powers conferred under Section 12(2) of Bihar Control of Crimes Act, 1981 as well as the order dated 15.6.2010 issued under the signature of Under Secretary to Govt., Home (Police) Department confirming the order of detention. By order dated 15.6.2010 Under Secretary to Govt., Home (Police) Department has confirmed the order passed by the District Magistrate, Jehanabad under Section 12(2) of the Act and has directed that Vikas Kumar @ Vikki, the petitioner will remain in detention till 12.5.2011. The order of detention as well as confirmation has been challenged by the petitioner on several grounds, but the most relevant ground is that the respondent-authorities by issuing the impugned orders have detained the petitioner, who 2 was juvenile. In support of petitioner’s claim to be juvenile, he has annexed the order passed by the Juvenile Justice Board, Gaya dated 2.7.2010 (Annexure-4), passed in connection with Belaganj P.S. Case No. 03 of 2009. This order indicates that the date of birth of the petitioner being 14.11.1991 as per his matriculation certificate, he was juvenile on 14.01.2009, and his age was 17 years two months on 14.01.2009. For issuing the order of detention two police cases i.e. Ghoshi P.S. Case No. 180 of 2009 and Ghoshi P.S. Case No. 221 of 2009 are taken as a ground, and for holding that petitioner is habitual offender and threat to public order. Dates of occurrence of these two cases are 24.8.2009 and 22.10.2009, and on these dates also, in view of order contained in Annexure-4, i.e. order of Juvenile Justice Board, the petitioner was juvenile. Section 10 of the Juvenile Justice (Care and Protection of Children) Act, 2000 provides that any juvenile in conflict with law, shall not be apprehended by the police, he will be placed under the charge of the special juvenile police unit or the designated police officer, who shall produce the juvenile before the Board without any loss of time but within a period of 24 hours of his apprehension. This means that a juvenile cannot be kept in jail custody. In any case if a juvenile is apprehended, 3 who is in conflict with law, there is special provision for his production before the Juvenile Justice Board, which is the only authority to pass any order regarding the detention of the juvenile, that also not in the jail but in After Care Home or places mentioned under the Juvenile Justice Act for accommodation of juveniles in conflict with law. In complete violation of the special provisions under Juvenile Justice Act the order of detention was passed by the District Magistrate, Jehanabad under Section 12(2) of the Bihar Control of Crimes Act and without considering the legal aspects of the matter, the State Govt. confirmed the order of detention in exercise of powers conferred under Section 21(2) and 22 of the Bihar Control of Crimes Act. This shows complete non-application of kind by the Respondents while passing the order of detention. The order of detention under Bihar Control of Crimes Act cannot be issued in a routine manner, since its’ consequences are harsh and it curtails the liberty of a citizen, without there being any judicial order. Special provisions and the safeguards have been provided under the Act itself so that liberty of any citizen should not be curtailed, unless all conditions are fulfilled. Recently we have come across with 4 order of detentions, passed by almost all the District Magistrates of the State of Bihar, which shows complete application and non-observance of the safeguards and the procedures provided under the Bihar Control of Crimes Act. This arbitrary action must be curtailed and before issuing such orders, necessary precaution as provided under the Act as well as under the Constitution must be looked into by the authorities. The impugned orders are bad on the touch stone of the provisions under the Bihar Control of Crimes Act as well as Article 22 of the Constitution of India and it must be set aside. Accordingly, the orders dated 10.5.2010 (Annexure-1) and 15.6.2010 (Annexure-3) are quashed. This application is allowed The petitioner Vikas Kumar @ Vikki, who is under the detention, is directed to be released forthwith, it not required to remain in custody in any other case. DKS/ (Mridula Mishra, J.) (Dharnidhar Jha, J.)