SUBODHA MOHANTA Vs. GOVT OF INDIA

JUDGEMENT

(1.) The Petitioner in this writ application has challenged the legality of the Order Dated 26.12.2011 rejecting his representation dated 29.11.2011 for revocation of the order of detention & prayer is made to hold the detention illegal. The Petitioner by order of the District Magistrate & Collector, Balasore dated 26.12.2011 passed under Sub-Section (2) of Section 3 of the National Security Act, 1980 was detained in custody. The said order of detention was confirmed by the Board as well as the State Government, Challenging the said order of detention, the Petitioner had approached this Court in W.P.(Cri.) No. 410 of 2011. The said writ application challenging the order of detention was dismissed on 29.7.2011. Thereafter the Petitioner submitted a representation under Section 14 of the National Security Act, 1980 to revoke the order of detention on personal grounds. The said representation having been rejected by the State in Annexure-3, this writ application has been filed.

(2.) Shri Mohanty, the Learned Counsel appearing for the Petitioner challenged the order in Annexure-3 solely on the ground that his representation addressed to the District Magistrate, Balasore under Section 14 of the National Security Act, 1980 was not considered by the Government of India in the Ministry of Home Affairs (Internal Security) & no order having been passed by the Government of India on the said representation, the order in Annexure-3 passed by the State Government rejecting the representation is liable to be set aside & further detention of the Petitioner is illegal.

(3.) No counter has been filed either on behalf of the State authorities or on behalf of the Union of India.