ANIMESH GHOSH ALIAS BAPI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is a habeas corpus petition under Article 226 of the Constitution of India challenging the order passed by the District Magistrate, Balasore on the 19th of September, 2001 detaining the petitioner in District Jail, Balasore.

(2.) THE relevant facts for disposal of this writ petition briefly are that on 19.9.2001, the District Magistrate, Balasore after being satisfied that the detention of the petitioner was necessary to prevent him from acting in any manner prejudicial to the maintenance of public order, passed the impugned order of detention under Subsection (2) of Section 3 of the National Security Act, 1980 (for short, 'the Act'). Pursuant to the said order of detention, the petitioner was detained in the District Jail, Balasore. Thereafter, by communication dated 23.9.2001, the District Magistrate, Balasore communicated the grounds of detention to the petitioner. In the said grounds of detention it was, inter alia, stated that the petitioner has been indulging in anti social activities in Balasore town for over a period of three years from 1999 2001 and this has become a matter of concern in the maintenance of public order within the municipal limits of Balasore town and in particular, in F. M. College area, Sahadevkhunta, Railway Station, Cinemabazar and Nuabazar, etc. It was further stated in the said grounds of detention that the activities of the petitioner had created terror in the hearts of common people of Balasore who out of fear do not dare to report against the said activities to the police. In the said grounds of detention, the various anti social activities of the petitioner during the years 1999 2000 and 2001 has been detailed. On 26.9.2001, the State Government approved the said order of detention in exercise of its power under Sub section (4) of Section 3 of the Act. The petitioner then submitted a representation dated 7.10.2001 addressed to the Chairman and Members of the Advisory Board constituted under the Act by the State Government through the District Magistrate, Balasore. The said representation was rejected by the State Government on 27.10.2001 and the said rejection by the State Government was communicated to the petitioner by Memo No. 5621/C dated 29th October, 2001 of the Government of Orissa, Home (Special Section) Department, Bhubaneswar. In the meanwhile, the matter was referred to the Advisory Board constituted under the Act and the Advisory Board gave its opinion that there was sufficient cause for the detention of the petitioner. By order dated 29th of October, 2001, the Government of Orissa, Home (Special Section) Department, confirmed the order of detention under Section 12(1) of the Act and directed that the petitioner shall continue in detention for 12 (twelve) months in the District Jail, Balasore. Aggrieved, the petitioner and for directing the Opposite Parties to release him from custody.

(3.) IN reply to the aforesaid submission of Mr, Mohapatra, Mr. R. N. Acharya, Additional Government Advocate, submitted that the representation dated 7.10.2001 of the petitioner against the order of detention was addressed to the Chairman and Members of the Advisory Board constituted under the Act and for this reason, the Collector sent the representation to the Advisory Board and only after consideration of the representation of the petitioner by the Advisory Board that the representation was sent to the State Government on 22.10.2001 for consideration and the State Government rejected the representation on 27.10.2001. Mr. Acharya argued that in view of the said explanation furnished by the State Government for the delay in disposal of the representation of the petitioner, the detention of the petitioner ought not to be quashed by this Court.