Indian Kanoon - Search engine for Indian Law

Jharkhand High Court

Tahir Ansari vs The State Of Jharkhand Through ... on 10 January, 2018

Author: Aparesh Kumar Singh

Bench: Aparesh Kumar Singh, Rajesh Kumar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         W.P.H.B.(Cr.) No. 285 of 2016
     Tahir Ansari                                                 ............Petitioner
                               Vrs.
     1.The State of Jharkhand through Secretary, Grih Kara &
       Apda Prabandhan Vibhag, Govt. of Jharkhand
     2.Deputy Commissioner cum District Magistrate, Garhwa
     3.Senior Superintendent of Police, Garhwa
     4.Superintendent, Central Jail, Dumka                ............. Respondents
                                      .......
     CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
                   HON'BLE MR. JUSTICE RAJESH KUMAR
     For the Petitioner        : M/s P.P.N.Roy, Sr. Adv., Pragati Prasad, Adv.
     For the Respondents       : Mr. R.R. Mishra, G.P.II

16/10.01.2018

Heard learned counsel for the parties.

Petitioner had sought quashing of the order dated 24.08.2016 passed by the Secretary, Grih Kara & Apda Prabandhan Vibhag, Government of Jharkhand issued under Section 21(1) and 22 of the Jharkhand Control Crimes Act, 2002 and also recommendation of the District Magistrate, Garhwa vide letter no. 582 dated 20.08.2016 whereunder the period of detention was extended till 28.11.2016. Petitioner has also averred that the order refers to the report of the Advisory Committee whereunder detention of the petitioner under order dated 01.06.2016 bearing Memo No. 372/legal of the District Magistrate, Garhwa was confirmed under which he was detained till 30.08.2016 and the same was again extended till 28.11.2016. The subsequent order of detention is unfounded in the absence of fresh facts and being successive in nature.

Learned counsel for the State, as per the statement made in the supplementary affidavit filed on 21.09.2017, submits that petitioner has been enlarged on bail in connection with Ramna P. S. Case No. 48 of 2017.

He further submits that period of detention is over long back. Counter affidavit has been filed earlier also in defence of the order of detention. Learned counsel for the petitioner had sought time to seeks instruction and offer reply to the affidavit dates 21.09.2017. However, even after last indulgence on 13.12.2017, petitioner has not furnished any reply thereto.

Learned Senior Counsel for the petitioner after some argument submits that now the petitioner has been released from judicial custody and detention period has also been over long back, therefore writ petition can be disposed of as such with a liberty to the petitioner to raise his cause of action in respect of claim for compensation.

Without entering into the merits of the challenge, we dispose of the writ petition in view of the background facts noticed herein above with a liberty to the petitioner to raise his grievance in respect of a claim for compensation before the appropriate forum, if permissible in law. I.A. stands closed.

(Aparesh Kumar Singh, J.) ( Rajesh Kumar, J.) Kamlesh