IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1209 of 2010 DHARMENDRA @ DHARMENDRA DOM @ RAJA @ DOMA RAJA . Versus STATE OF BIHAR THRU.PRINC.SECR . ----------- 2 25.11.2010 Heard counsel for the petitioner and the counsel appearing for the State. This application has been filed by the petitioner for quashing of the order dated 24.4.2010 passed by the District Magistrate, Siwan under Section 12(2) of the Bihar Control of Crimes Act, 1981, detaining the petitioner without specifying the period for detention. Petitioner has also prayed for quashing of the order dated 3.5.2010, whereby the State Government approved the detention order passed under Section 12(2) of the Bihar control of Crimes Act by the District Magistrate, Siwan and also the order dated 21.5.2010 confirming the order of detention by the Under Secretary to Government, Home (Police) Department. By this order the detention order passed by the District Magistrate, Siwan was affirmed and the petitioner was detained till 23.4.2010.. Counsel for the petitioner submits that the order of approval and confirmation is completely illegal as by these two orders an illegal order passed 2 by the District Magistrate, Siwan has been confirmed. The ground which has been taken by the District Magistrate, Siwan for passing a detention order against the petitioner under Section 12(2) of the Bihar Control of Crimes Act, 1981 is that in case the petitioner comes out from the jail, it will affect the coming Assembly election 2010 as well as public order. This could never have been a ground for detention, unless activities of the petitioner will affect the public order or the public tranquility. Three police cases, which have been taken as ground for detention by the District Magistrate, Siwan out of that only in one case the petitioner was named as an accused. So far other cases are concerned; he has been roped during investigation. Even if several criminal cases would have been pending against the petitioner, he could not have been detained on that ground, rather as per the law of the land, he could face the trial. For passing a detention order, specific ground is required, that must relate top public order. In the present case, there is no such specific ground had been taken by the District Magistrate, Siwan. Considering the facts and circumstances of 3 the case as also the ground taken in the detention order being just to keep the petitioner in jail custody till election is indicative of the fact that there is complete non application of judicial mind. The detention was for extraneous consideration and that was not considered by the State authorities. All three orders i.e. 24.4.2010 passed by the District Magistrate, Siwan, order of approval dated 3..5.2010 as well as the order of confirmation dated 21.5.2010 are quashed. The petitioner who is under detention is directed to be released forthwith, if not wanted to remain in custody in any other case. A.Kumar ( Mridula Mishra, J.) (Dharnidhar Jha,J.)