JUDGMENT :

R.F. Nariman, J.

1. The present appeal arises out of a preventive detention order dated 21.9.2016 by which the appellant was preventively detained under the Bihar Control of Crimes Act, 1981 (“the Act” for short) for the maximum period of one year. The facts relevant to decide this appeal are as follows:-

2. The appellant is alleged to be a history-sheeter who has been involved in at least 31 grave crimes – many of them murder, attempt to murder and kidnapping. He has been in jail since 24.6.2015 in connection with these crimes. A preventive detention order dated 5.9.2016 was first passed against the appellant under section 12(2) of the aforesaid Act. A representation against the aforesaid order was also made by the appellant on 12.9.2016, but for want of State Government approval within the time specified under the said Act, the order was rendered ineffective “with effect from today”. This was, in fact, stated to be so by an order dated 17.9.2016, which “revoked” the said detention order as this was the case, the present detention order was passed on 21.9.2016. It is not disputed that this order has been passed on the self same grounds as the order dated 5.9.2016 with cert