PANDABA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in this writ application assails the order dated 21.12.2011 passed by the District Magistrate, Sambalpur directing his detention in Circle Jail, Sambalpur in exercise of powers conferred by sub-section (2) of Section 3 of the National Security Act, 1980 as well as the orders passed by the State Government and the Central Government rejecting his representation.

(2.) The District Magistrate, Sambalpur passed the order of detention in Annexure-1 and the grounds of detention were handed over to the petitioner. The grounds of detention annexed to the writ application as Annexure-2 shows involvement of the petitioner in criminal activities from 2006 till 2011. The last incident was on 10.12.2011, when one Gokul Kusum lodged an FJR in the Town Police Station alleging therein that on that day at about 3.00 p.m., 35 to 40 youngsters of Thelkopada attacked his son and opened fire with an intention to kill him. Thereafter the petitioner and his associates forming unlawful assembly carrying deadly weapons like sword, lathi, gun etc. rushed from Thelkopada to Hospital Gate and attacked his son Rupesh Kusum in-front of Hospital Gate inflecting serious injuries on him. Others also terrorized the local residents with dire consequences. The case was registered for commission of offence under Section 307 apart from other sections of the Penal Code as well as under Sections 24 and 27 of the Arms Act. The previous incidents starting from the year 2006 also relate to similar nature of offences.

(3.) Learned counsel for the petitioner assails the order of detention solely on a technical point that the representation of the petitioner was not disposed of immediately after the same was received and there was delay in disposal of the representation.