BABITA SAHOO Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THIS writ application is filed by the mother of the detenu, inter alia, challenging the order of detention passed by the District Magistrate, Cuttack -Opp. party No. 2 in exercise of power conferred upon him under Section 3 of the National Security Act, 1980. The order of detention dated 13.8.2003 reads as follows:

(2.) IT is contended by the Learned Counsel for the Petitioner that the order of detention suffers from the following infirmities:

(3.) A counter affidavit has been filed on behalf of State - Opp. Party No. 1 strongly repudiating the contentions made in the writ application. The allegation that all the documents were not supplied, is strongly repudiated. In paragraph -6 of the counter affidavit, it is submitted, rather emphatically, that the order of detention and the grounds of detention together with all legible copies of the documents relating to the detention of the detenu in two languages i.e. English and Oriya, were served in due time. It is also averred that the same were also sent to the Government of India within seven days of approval of the order of detention. According to the counter affidavit, the grounds of detention clearly reveal persistent antisocial and criminal activities of the detenu prejudicial to the maintenance of public order beyond all reasonable doubts. The grounds of detention reveal that the detenu was a terror in the locality and was creating havoc in Mangalabag and Purighat P.S. areas. His antisocial activities gained momentum and the people of those areas were scared of his activities. The criminal and antisocial activities mentioned in the grounds of detention were based on materials on record and would reveal that the same affected maintenance of public order and tranquility. It is also averred that all paraphernalia and mandatory requirements stipulated in the National Security Act were sacrosanctly followed before and after issuing the order of detention.