RAMESH JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is a habeas corpus petition filed by the petitioner challenging the order dated 9.9.2002 of the District Magistrate, Ganjam detaining the petitioner under Sub -Section (2) of Section 3 of the National Security Act, 1980 (for short 'the Act).

(2.) THE relevant facts briefly here are that while the petitioner was in the intermediary judicial custody in Circle Jail, Berhampur vide Baidyanathpur P.S. Case No.116 of 2002 dated 22.5.2002 under Sections 147/148/294/323/325/426/307/149/ IPC/25 Arms Act/ 4 E.S. Act, the impugned order of detention was passed by the District Magistrate, Ganjam. Thereafter by a communication dated 10.9.2002 the grounds of detention were served on the petitioner and the matter was referred to the Advisory Board. The petitioner submitted a representation addressed to the Chairman, Advisory Board and the Secretary to the Government of Orissa, Home Department. After hearing the petitioner on 8.10.2002 and after considering his representation and after hearing the detaining authority and considering the grounds of detention and other documents, the Advisory Board expressed the opinion that there was sufficient cause to detain the petitioner under the Act. The State Government after considering the opinion of the Advisory Board confirmed the order of detention vide Home (SS) Department order No.5287/c dated 25.10.2002. Aggrieved, the petitioner has filed this writ petition with a prayer to quash the order of detention.

(3.) MR . Mohanty, learned Addl.Government Advocate relied on the grounds of detention and in particular the portion of the said grounds of detention where the incident of 6.9.2002 has been discussed to show that efforts have been made for releasing the petitioner on bail by arranging money through gangsters.