HABA @ RALLAT KHAN Vs. STATE OF ORISSA, REP. BY TILE SECRETARY TO TILE (GOVERNMENT IN TILE HOME DEPARTMENT),

JUDGEMENT

(1.) This writ petition praying for the issue of a writ of habeas corpus has been referred to the Full Bench by a Division Bench in view of the plea that the representation of the Petitioner was dealt with by the Chief Minister in a routine manner indicating non -application of mind as held in paragraph -5 of the judgment in Sk. Samsa @ Sk. Samsuddin v/s. State of Orissa and Ors. : (2001) 20 OCR 468 : 2001(I) OLR 274 and hence the detention was bad in law. The Division Bench found in the present case that none of the other contentions raised by the detenue by way of challenge to the order of detention made under The National Security Act, 1980 was sustainable. Since the Division Bench found it difficult to agree with the rather wide observations in the above case, the case was referred to a Full Bench for decision.

(2.) The argument was raised that the representation made by the detenue was rejected by the Chief Minister without application of mind. The fact that in the concerned file the Chief Minister affixed his signature without specifically recording any conclusion was relied on in support. The observations in Sk. Samsa v/s. State of Orissa and Ors. : (2001) 20 OCR 468: 2001 (I) OLR 274 to the effect "Further, it appears that the Chief Minister, except putting his initial, has neither accepted the suggestion made by the Secretary to reject the representation nor made any endorsement to that effect. Therefore, we hold that the representation was dealt with in a routine manner and the mandate of Article 22(5) read with Sec. 8 of the Act was not kept in mind while disposing of the representation in as much as the delay from 13.2.2000 to 18.2.2000 remains unexplained" were relied upon.

(3.) The Division Bench while making the reference held that the statement that the Chief Minister except putting his initial has not indicated anything as to whether or not the proposal rejecting the representation was accepted by him or not since he has not made any endorsement to that effect, may require reconsideration, since normally, the business of the Government is concluded by obtaining the signature of the concerned authority on the concerned file on the basis of the submission or recommendation made in the file by the concerned officer. The Division Bench while making the reference stated thus: