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2003 Supreme(SC) 1240

DORAISWAMY RAJU, ARIJIT PASAYAT
Hare Ram Pandey – Appellant
Versus
State Of Bihar – Respondent


JUDGMENT

Arijit Pasayat, J.-Undaunted by the non-success before the Patna High Court and this Court on selfsame issues the appellant has filed this appeal questioning correctness of a judgment of the Patna High Court which declined to interfere with an order directing his detention by order dated 14.9.1995 in terms of Section 12 of the Bihar Control of Crimes Act, 1981 (in short the Act ). According to the appellant the order of detention was without authority in law and, therefore, deserves to be nullified by issuance of a writ of mandamus/certiorari under Article 226 of the Constitution of India, 1950 (in short the Constitution ). By the impugned judgment dated 4.3.1997 the Patna High Court in Cr.W.J.C. No. 144 of 1997 repelled the contention. It was held that the Act itself provides the procedure as to how the matter should proceed if the person in respect of whom the order of detention is passed is detained. It was noted that he had a right to make representation and also to be heard before the Advisory Board constituted under the Act. The procedure indicated in the Act safeguards the rights available under Article 22 of the Constitution. Reference was made to the earlier writ




























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