MD SAMSHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in this writ application assails his detention in custody in pursuance of an order dated 3-9-2011 passed by the District Magistrate & Collector, Sambalpur under sub-section (2) of Section 3 of the National Security Act, 1980. From the averments made in the writ application and the documents attached to it, it appears that the District Magistrate and Collector, Sambalpur passed an order on 3-9-2011 in Annexure-1 under sub-section (2) of Section 3 of the National Security Act, 1980 (hereinafter called "the Act") for detention of the petitioner on the grounds attached to the order of detention. A copy of the grounds of detention prepared by the District Magistrate was served on the petitioner on 4-9-2011. The State Government approved the order of detention on 9-9-2011. The petitioner submitted two representations through the Jail authorities separately on 5-9-2011 and 27-10-2011 to the Advisory Board of the State Government as well as to the Central Government respectively. The Advisory Board confirmed the order of detention and subsequently the same was also confirmed by the State Government and an order was passed under Section 13 of the Act directing detention of the petitioner for a period of 12 months on 4-11-2011. The order of detention is challenged by the petitioner on the following grounds:--

(2.) So far as the first ground is concerned. Shri. Ragada, the learned counsel appearing for the petitioner drew attention of the Court to the grounds of detention and submitted that each individual case referred to in the grounds of detention only speaks of breach of law and order and there is no allegation of any breach of public order. Learned counsel for the State specifically referred to Ground No. 8 relating to an incident that had occurred on 28-7-2011 for which Dhanupali P.S. Case No. 122 dated 28-7-2011 had been registered for commission of offence under Sections 147/ 148/ 323/324/ 325/307/506 and 149 of the Indian Penal Code read with Section 25/ 27 of the Arms Act and the telephonic message received by the I.I.C., Khetrajpur P.S. dated 16-8-2011 to show that there was breach of public order at the instance of the petitioner.