w w w . L a w y e r S e r v i c e s . i n



Sunil Singh v/s State of Bihar


Company & Directors' Information:- SUNIL & CO PVT LTD [Active] CIN = U32109WB1984PTC037810

Company & Directors' Information:- S. SINGH AND COMPANY PRIVATE LIMITED [Active] CIN = U51100MP2010PTC025020

Company & Directors' Information:- S. SINGH AND COMPANY PRIVATE LIMITED [Active] CIN = U70100MP2010PTC025020

Company & Directors' Information:- SINGH AND CO PVT LTD [Strike Off] CIN = U36101PB1982PTC005152

    Cr.W.J.C. 305 Of 2005

    Decided On, 04 October 2005

    At, High Court of Bihar

    By, THE HONOURABLE MR. JUSTICE I.P. SINGH & THE HONOURABLE MR. JUSTICE V. N. SINHA

    For the Appearing Parties: Vindhya Keshri Kumar, Sanjay Kumar, Amarnath Singh, Advocates.



Judgment Text

V.N. SINHA, J.

(1.) Heard learned counsel for the petitioner and the Respondents.

(2.) Petitioner is aggrieved by the detention order, bearing Letter No. 17 dated 13-1-2005, Annexure-1 to this application, passed by the District Magistrate, Begusarai, whereunder resorting to the provisions contained in sub-section (2) of Section 12 of the Bihar Control of Crime Act, 1981 (hereinafter referred to as the Act), petitioner has been detained in Begusarai District Jail. He is further aggrieved by the grounds of detention as contained in order bearing No. 24 dated 15-1-2005, Annexure-2 to this application issued by the aforesaid detaining authority. He is even aggrieved by the order of the State Government as communicated to him by the Deputy Secretary to the Government in the Home (Police) Department, bearing No. 2077 dated 15-3-2005, Annexure-1 /3, whereunder State Government has been pleased to confirm the aforesaid detention of the petitioner for a period of one year from the date of issue of the detention order dated 13-1-2005 until 12-1-2006.

(3.) The ground of challenge raised against the aforesaid detention order is that the representation of the petitioner dated 8-2-2005, as contained in Annexure-5 to this application and filed in compliance of the liberty granted in the concluding portion of the grounds of detention dated 15-1-2005, Annexure-2, through the Superintendent of District Jail Begusarai, has belatedly been disposed of after more than 45 days by the State Government under orders dated 24-3-2005, Annexure-6 to this application and the delay in disposal of the representation is violative of the Constitutional Guarantee contained in sub-clause (5) of Article 22 of the Constitution of India as also Section 17 of the Act, which, inter alia, enjoins the State Government to dispose of the representation of the petitioner without any delay.

(4.) The State Government and the detaining authority by filing two separate counter-affidavits, have refuted the aforesaid submissions. From the counter-affidavit filed on behalf of the State Government duly affirmed by Sri Adalat Singh, Deputy Secretary to the Government, Home (Police) Department, it appears that the representation of the petitioner dated 8-2-2005, Annexure-5 was forwarded by the Jail Superintendent, Begusarai under his Memo. No. 238 dated 9-2-2005, which was received by the State Government on 10-2-2005, whereafter the same was dealt with in the office of the State Government and then comments were called for from the District Magistrate, Begusarai under Letter No. 844 dated 11-2-2005, who submitted his comments under Memo. No. 197 dated 19-2-2005, which was received by the State Government on 21-2-2005, whereafter the representation was dealt with in the light of the comments by the Deputy Secretary, Home (Polie) Department and the Home Secretary on 22-2-2005 and then was sent to the Hon'ble Chief Minister on 24-2-2005 when the election process for the three phase election to the State Assembly was over and the counting was scheduled for 27-2-2005. It appears, from the supplementary counter-affidavit filed on behalf of the State Government that after counting of votes none of the political parties could secure majority and form a popular Government and President's Rule was imposed in the State on 7-3-2005. During the period, counting was to be held the Hon'ble Chief Minister did not think it appropriate to consider the representation and after imposition of President's Rule, the file containing the representation of the petitioner was returned without disposal on 10-3-2005. It appears from the second supplementary counter-affidavit filed on behalf of the State Government that after the file was returned by the Hon'ble Chief Minister, the matter was again considered by the Home Secretary on 12-3-2005, the Chief Secretary on 13-3-2005 and by his Excellency the Governor on 14-3-2005 and then the detention order was confirmed by the State Government under sub-section (1) of Section 21 read with Section 22 of the Act. While confirming the detention, the authorities unfortunately overlooked to consider the representation of the petitioner, which fact is candidly admitted by them in paragraph 7 of their first counter-affidavit. When their attention was, however, drawn to the aforesaid omission, the representation of the petitioner was dealt with by the Section Offleer on 15-3-2005, by the Deputy Secretary on 16-3-2005, by the Joint Secretary on 17-3-2005, by the Home Secretary on 18-3 2005, by the Chief Secretary on 20-3-2005 and finally by his Excellency the Governor on 22-3-2005 and the rejection order was communicated to the petitioner under Memo. No. 2531 dated 24-3-2005, Annexure-6.

(5.) Having heard counsel for the parties and having considered the pleadings filed by them, including the writ petition, supplementary affidavit, counter affidavit and the two supplementary counter affidavits, we are of the view that the State Government has not been able to explain the delay in its omission to consider the representation of the petitioner in between 10-3-2005 till 15-3-2005, which failure to e

Please Login To View The Full Judgment!

xplaining the delay according to us is violative of the Constitutional Guarantee contained in Article 22(5) of the Constitution of India and the statutory right under Section 17 of the Act. The explanation that the omission to consider the representation during aforesaid period was unfortunate is no explanation and for failure to explain the delay of five days, detention order and the grounds of detention, Annexures-1 and 2 as also confirmation order, Annexure-1/3 should quashed and is, accordingly, quashed and this application is, accordingly, allowed. Application allowed.
O R







Judgements of Similar Parties

26-05-2020 Guru Nanak Industries, Faridabad & Another Versus Amar Singh (Dead) Through Lrs. Supreme Court of India
26-05-2020 Ombir Singh Versus State of Uttar Pradesh & Another Supreme Court of India
21-05-2020 Dr. Mulayam Singh Yadav Versus State of MP & Others High Court of Madhya Pradesh Bench at Gwailor
21-05-2020 Abhay Singh Versus Bharatiya Reserve Bank Note Mudran (P) Limited, Represented by its Managing Director & Others High Court of Karnataka
20-05-2020 M/s. Prithvi Singh Versus Asst. Commissioner (South), Govt of NCT of Delhi High Court of Delhi
20-05-2020 Harpal Singh Versus State of Haryana High Court of Punjab and Haryana
20-05-2020 Sunil Kumar Aledia Versus Govt. of NCT of Delhi & Others High Court of Delhi
20-05-2020 The Bank of New York Mellon, Through its attorney Navneet Singh Versus Indowind Energy Limited, Nungambakkam, Chennai High Court of Judicature at Madras
19-05-2020 Dipu Singh @ Hulo Versus The State of West Bengal High Court of Judicature at Calcutta
19-05-2020 Maha Singh Versus State of Madhya Pradesh High Court of Chhattisgarh
18-05-2020 Most. Sangeeta Singh Versus Bindhyachal Singh High Court of Judicature at Patna
15-05-2020 Malvinder Mohan Singh Versus State & Another High Court of Delhi
13-05-2020 Jagmail Singh & Another Versus Karamjit Singh & Others Supreme Court of India
13-05-2020 Kumar Bimal Prasad Singh & Others Versus Hare Ram Singh & Others High Court of Judicature at Patna
13-05-2020 Shiv Prasad Singh Versus Nageshwar Kumar & Others High Court of Judicature at Patna
12-05-2020 Jodhan Singh & Another Versus State of U.P. High Court of Judicature at Allahabad
08-05-2020 State (Through) Central Bureau of Investigation Versus Kalyan Singh (Former CM of Up) & Others Supreme Court of India
06-05-2020 Sarmukh Singh & Others Versus Govt. of N.C.T. of Delhi & Others High Court of Delhi
06-05-2020 Triloki Nath Singh Versus Anirudh Singh(D) Thr. Lrs & Others Supreme Court of India
06-05-2020 Punjab National Bank & Others Versus Atmanand Singh & Others Supreme Court of India
05-05-2020 Mahendra Singh Versus Commissioner of Police & Others High Court of Judicature at Bombay
30-04-2020 Mahendra Singh Versus Commissioner of Police & Others High Court of Judicature at Bombay
30-04-2020 Dr. Somu Singh & Others Versus Union of India & Others High Court of Judicature at Allahabad
30-04-2020 For the Petitioner: Suo Moto, Deba Siddiqui, Swetashwa Agarwal, Advocates. For the Respondent: G.A., Manish Singh, Rajrshi Gupta, Advocates. High Court of Judicature at Allahabad
30-04-2020 Sardar Manjieeth Singh Jagan Singh Versus The State of Maharashtra, Through its Secretary, Revenue and Forest Department, Mantralaya & Others In the High Court of Bombay at Aurangabad
29-04-2020 Col Ramneesh Pal Singh Versus Sugandhi Aggarwal High Court of Delhi
24-04-2020 Arvind Singh Versus The State of Maharashtra Supreme Court of India
22-04-2020 Hira Singh & Another Versus Union of India & Another Supreme Court of India
22-04-2020 Ram Subhag Singh & Others Versus The State of Jharkhand & Others High Court of Jharkhand
21-04-2020 State of U.P. through Principal Secretary, Chikitsa Shiksha Evam Parshikshan, Government of U.P., Lucknow & Others Versus Dr. Raj Kamal Singh High Court of Judicature at Allahabad
21-04-2020 Mahadeo Construction Co. at Chhatarpur, Palamau Through its partner Anil Kumar Singh Versus The Union of India through the Commissioner, Central Goods & Services Tax, Ranchi & Others High Court of Jharkhand
17-04-2020 Dr. Thingujam Achouba Singh & Others Versus Dr. H. Nabachandra Singh & Others Supreme Court of India
17-04-2020 Diljit Singh Bindra Versus Life Insurance Corporation of India Supreme Court of India
16-04-2020 Krishnapal Singh Versus Managing Director U.P.S.R.T.C. & Others High Court of Judicature at Allahabad
15-04-2020 Harnam Singh Versus Union of India & Others Supreme Court of India
15-04-2020 Bijender Singh Versus State & Another High Court of Delhi
08-04-2020 Shahid Bhagat Singh Cooperative Housing Society Versus The State of Maharashtra & Others High Court of Judicature at Bombay
08-04-2020 Ramjit Singh Kardam & Others Versus Sanjeev Kumar & Others Supreme Court of India
06-04-2020 Dr. Shivender Mohan Singh (In J.C.) Versus State of NCT of Delhi & Others High Court of Delhi
20-03-2020 Chetan Singh Versus R.C. Chadda High Court of Delhi
19-03-2020 Gajender Singh Versus The State (GNCT of Delhi) & Another High Court of Delhi
19-03-2020 Gurcharan Singh & Others Versus Angrez Kaur & Another Supreme Court of India
19-03-2020 Akshay Kumar Singh Versus Union of India & Others Supreme Court of India
19-03-2020 Ram Chandra Prasad Singh Versus Sharad Yadav Supreme Court of India
18-03-2020 Bhagwan Singh Versus State of Uttarakhand Supreme Court of India
18-03-2020 Ranvijay Singh @ Dharaka Singh Versus The State of Bihar High Court of Judicature at Patna
17-03-2020 Meghna Singh (Through: Her Natural Guardian) Avita D Lal Versus Central Board of Secondary Education & Another High Court of Delhi
16-03-2020 Munna Kumar Singh Versus State of NCT of Delhi High Court of Delhi
13-03-2020 Gurmukh Singh Lehal Versus Ajanta Coop. House Building (1st) Society Ltd., Chandigarh & Another National Consumer Disputes Redressal Commission NCDRC
13-03-2020 M/s. Fossil India Private Limited, Represented by Sunil Prabhakaran Authorised Signatory Versus The Deputy Commissioner of Commercial Tax (Audit-5.4), Bengaluru & Others High Court of Karnataka
13-03-2020 GBM Developers & Promoters P Ltd., Through its Director, Subhash Bansal, Chandigarh Versus Col. Sukhwant Singh Saini National Consumer Disputes Redressal Commission NCDRC
13-03-2020 Gyanendra Singh & Others Versus State Of U.P. Through Addl. Chief Secy./Prin. Secy. Finance & Others High Court Of Judicature At Allahabad Lucknow Bench
13-03-2020 Ashawati Singh & Others Versus Life Insurance Corporation off India, Thrpugh Divisional Manager, Allahabad National Consumer Disputes Redressal Commission NCDRC
13-03-2020 A. K. Singh, Chief Publicity Inspector, Public Relation Office, Northern Railway, New Delhi Versus General Manager, Northern Railway, New Delhi & Another Central Administrative Tribunal Principal Bench New Delhi
12-03-2020 Sunil Kumar Mishra Versus State High Court of Delhi
12-03-2020 Vijay Kumar Singh Versus Rana Cooperative Housing Society & Others National Consumer Disputes Redressal Commission NCDRC
12-03-2020 Ramesh Chandra Singh & Another Versus Central Bureau of Investigation High Court of Judicature at Calcutta
11-03-2020 Uaday Singh Versus State & Another High Court of Delhi
11-03-2020 Ajay Sharma & Others Versus Kulwant Singh High Court of Delhi
06-03-2020 Pankaj Kumar Singh Versus National Thermal Power Corp Ltd. & Others High Court of Madhya Pradesh
06-03-2020 Soban Singh Versus State & Another High Court of Delhi
06-03-2020 Shambhu Singh Chauhan & Another Versus State of MP. High Court of Madhya Pradesh
05-03-2020 Divisional Manager, Oriental Insurance Co. Ltd., Divisional Office, Mythe Estate, Kaithu, Shimla, Himachala Pradesh Versus Bir Singh Rana National Consumer Disputes Redressal Commission NCDRC
05-03-2020 Gajendra Singh Versus State of Madhya Pradesh High Court of Madhya Pradesh Bench at Gwailor
04-03-2020 Kiki Doma Bhutia Versus Bijendra Kumar Singh High Court of Sikkim
04-03-2020 Omprakash Singh Narwariya Versus State of M.P. & Another High Court of Madhya Pradesh Bench at Gwailor
04-03-2020 Ambika Singh (since deceased) represented by legal representatives & Others Versus Mosomat Sohagi Devi (since deceased) represented by her legal heirs & Others High Court of Judicature at Patna
04-03-2020 Manvendra Pratap Singh Versus U.O.I. Ministry of Home Affairs New Delhi & Another High Court of Judicature at Allahabad
03-03-2020 Indian Society for Technical Education, Rep., by its Executive Secretary, Saheed Jeet Singh Marg, New Delhi Versus Anna University, Rep., by its Registrar, Guindy, Chennai & Another High Court of Judicature at Madras
03-03-2020 State Versus Shamsher Singh High Court of Delhi
03-03-2020 EMCIPI Electronics Pvt. Ltd. Through Its Director Sh. R.K. Singh Versus M/S. Shreyans Motors (P) Ltd., Through Its Director/Managing Director & Another National Consumer Disputes Redressal Commission NCDRC
03-03-2020 Ex NB Risaldar Dilbag Singh Versus Union of India & Others High Court of Delhi
03-03-2020 Boota Singh & Others Versus State of Haryana High Court of Punjab and Haryana
02-03-2020 Badri Prasad Mishra Versus Moti Singh High Court of Chhattisgarh
02-03-2020 Parvat Singh & Others Versus State of Madhya Pradesh Supreme Court of India
02-03-2020 Rohit Singh Raghuvanshi Versus State of M.P. & Others High Court of Madhya Pradesh Bench at Gwailor
28-02-2020 Amit Singh @ Amit & Others Versus The State of West Bengal High Court of Judicature at Calcutta
28-02-2020 Sadhusharan Singh Versus Nageshwar High Court of Chhattisgarh
28-02-2020 Joginder Singh Versus State of J&K & Another High Court of Jammu and Kashmir
27-02-2020 Shakti Singh Versus State of Haryana & Others High Court of Punjab and Haryana
27-02-2020 Iqbal Singh Versus Kamal Dev & Another High Court of Himachal Pradesh
27-02-2020 Govind Singh Rajput Versus State of Madhya Pradesh & Another High Court of Madhya Pradesh Bench at Indore
26-02-2020 Gurtej Singh Versus Zora Singh (Dead) Through Lr & Others Supreme Court of India
26-02-2020 The Director General, Railway Protection Force Railway Board, New Delhi & Others Versus Rajiv Kumar Singh High Court of Judicature at Allahabad
26-02-2020 The State of Punjab Versus Jasbir Singh Supreme Court of India
25-02-2020 The Union of India & Others Versus Balbir Singh Yadav High Court of Meghalaya
24-02-2020 Sukhdeo Singh @ Jannu Singh Versus State of Jharkhand Supreme Court of India
20-02-2020 Shri Partap Singh (Dead) Through Lrs. & Ors. Versus Shiv Ram (Dead) Through Lrs. Supreme Court of India
20-02-2020 Satbir Singh Sawhney Versus M/s. JMD Limited Through Managing Director Delhi State Consumer Disputes Redressal Commission New Delhi
20-02-2020 Pr. Commissioner of Income Tax-I, Chandigarh Versus Sukhwant Singh High Court of Punjab and Haryana
20-02-2020 Harish Chandra Singh Versus State of M.P. Through State House Officer, Police Station Ratlam & Others High Court of Madhya Pradesh Bench at Indore
19-02-2020 Arun Kumar Jain & Another Versus Bhagwant Singh Pabla & Another High Court of Delhi
19-02-2020 Prem Singh Versus State of Himachal Pradesh High Court of Himachal Pradesh
19-02-2020 Amar Singh Versus LIC, Through Its Divsional Manager, Chandigarh U.T & Others National Consumer Disputes Redressal Commission NCDRC
19-02-2020 Joginder Singh & Others Versus State of H.P. High Court of Himachal Pradesh
19-02-2020 Prabhjeet Singh Versus M/s. Parsvnath Developers Limited Delhi State Consumer Disputes Redressal Commission New Delhi
18-02-2020 Balbir Singh Rawat Versus The Hindustan Petroleum Corporation Ltd. & Others High Court of Madhya Pradesh Bench at Gwailor
18-02-2020 Suman Singh Sikarwar Versus State of M.P. & Others High Court of Madhya Pradesh Bench at Gwailor
18-02-2020 S.S. Chahar Versus Kok Singh & Others High Court of Madhya Pradesh Bench at Gwailor
17-02-2020 Ram Dinesh Singh & Another Versus State of U.P. & Others High Court of Judicature at Allahabad


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box