DURGA PRASAD MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) By this habeas corpus petition under Article 226 of the Constitution of India, petitioner has prayed for quashing the order No. 511/C dated 24-9-2003 issued by the District Magistrate, Puri under sub-section (2) of Section 3 of the National Security Act, 1980 for detention of the petitioner so as to prevent him from acting in any manner prejudicial to the maintenance of public order.

(2.) The impugned order of detention is annexed to the petition as Annexure-1 and it reads as under :

(3.) The said order of detention was issued when the petitioner was detained in custody as under trial prisoner in Purl District Jail in connection with some police case. The impugned order of detention was served upon the petitioner on 24-9-2003 itself when the petitioner was in judicial custody in connection with Saryabadi P. S. Case No. 109 of 2003. The impugned order of detention contains a further recital that It was apprehended that as soon as the petitioner would be released on bail, he may resort to activities prejudicial to the maintenance of public order. On 27-9-2003 the grounds of detention under Annexure-2 was served upon the petitioner giving him an opportunity to make representation against the impugned order of detention. It has been stated in the grounds of detention that petitioner was involved in certain police cases as mentioned therein. About four days after the grounds of detention was served upon the petitioner, on 1-10-2003 the State Government in exercise of its power conferred upon it under sub-section (4) of Section 3 of the Act approved the order of detention passed against the petitioner. The said order dated 1-10-2003 issued by the Government reads as under :