SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2002 Supreme(Jhk) 252

VIKRAMADITYA PRASAD
SAFIR MIAN – Appellant
Versus
STATE OF JHARKHAND – Respondent


Advocates Appeared:
A.K.MEHTA, A.K.Sahani, P.K.ROY CHAUDHARY, S.AKHTAR HUSSAIN

Judgment :

VIKRAMADITYA PRASAD, J.

( 1 ) UNDER challenge in this writ application filed under Article 227 of the Constitution is Annexure 1 constituting the order of the District Magistrate, Giridih, dated 5-7-2001 whereby and whereunder, being satisfied on the report of the S. P. and the annexure contained with the said report, in the interest of public order passed under Section 12 (2) of the Bihar Crime Control Order directing that the petitioner will be detained in Giridih Jail for three months.

( 2 ) GROUNDS on which the said detention order have been challenged are (i) it was wholly unjust, improper, unlawful and without authority, (ii) in violation of the principle of natural justice, (iii) violation of the Article 20 and 21 of the Constitution, (iv) in the absence of imminent possibility of any disturbance of the public tranquillity and in the absence of serious danger at the instance of the petitioner, the impugned order could not have been passed, (v) the impugned order is vitiated because it was passed without giving any opportunity of filing representation against the proposed detention and accordingly unlawful (vi) non-application of judicial mind while passing the impu












Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top