RAJ KUMAR SINGH versus STATE OF BIHAR & ORS.

RAJ KUMAR SINGH versus STATE OF BIHAR & ORS.

Given that the petitioner was involved in several incidents proximate to the detention order and all relevant safeguards and procedures were met, the preventive detention order was not illegal or beyond the authority of law and no ground for interference was found.

Parties
Petitioner/appellant: Raj Kumar Singh; Respondents: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
26 September 1986
Procedural Posture
Criminal Appeal and Writ Petition / Supreme Court of India Judgment After Dismissal of Petition and Appeal
Outcome
Petition and appeal dismissed.
Legal Topics
Preventive Detention Under Bihar Control of Crimes Act, 1981, Definition and Identification of 'anti Social Element', Satisfaction of Detaining Authority, Proximity and Relevance of Grounds for Detention, Supplying of Relevant Documents to Detenu, Judicial Review of Preventive Detention Orders, Balance Between Social Defence and Civil Liberties
Criminal Law Preventive Detention Constitutional Law Preventive Detention Under Bihar Control of Crimes Act, 1981 Definition and Identification of 'anti Social Element' Satisfaction of Detaining Authority Proximity and Relevance of Grounds for Detention Supplying of Relevant Documents to Detenu +2 more

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Parties

Raj Kumar Singh

Petitioner/appellant

State of Bihar & Ors.

Respondents

Procedural Posture

Criminal Appeal and Writ Petition / Supreme Court of India Judgment After Dismissal of Petition and Appeal

Legal Issues

  1. 1 Whether the order of detention against the petitioner under Section 12(2) of the Bihar Control of Crimes Act, 1981 was valid and legal.
  2. 2 Whether grounds for detention, including proximity and relevance, were satisfied.
  3. 3 Whether adequate statutory safeguards and supply of documents were complied with.

Ratio Decidendi

Given that the petitioner was involved in several incidents proximate to the detention order and all relevant safeguards and procedures were met, the preventive detention order was not illegal or beyond the authority of law and no ground for interference was found.

Court Disposition

Petition and appeal dismissed.

Orders

  • Writ Petition dismissed.
  • Criminal Appeal dismissed.