SIBA LENKA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THE brother of the detenu Bhaba @ Bhabagrahi lenka has assailed the detention made under Section 3(2) of the National Security Act (hereinafter referred to as the "Act") and the approval and confirmation of the same by the State Government.

(2.) THE District Magistrate, Cuttack, passed the order of detention in exercise of his powers under Section 3(2) of the Act on 6 -7 -1989 and the detenu was served with the grounds of detention on 9 -7 -1989. The State Government approve; the said order of detention on 18 -7 -1989 and the detenu's representation made on 15 -8 -1980 was rejected by the State Government on 29 -8 -1989. In the meantime, on the basis of the report of the Advisory Board, the State Government confirmed the order of detention on 24 -8 -1989 directing that the detenu would continue in detention for a period of 12 months. The detenu's brother has thereafter approached this Court praying for issuance of a writ of habeas corpus.

(3.) MR . R.N. Mohanty, the learned Counsel for the Petitioner, raises the following contentions in challenging the legality of the detention of the detenu: