K. ALLEY Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN the present writ petition, petitioner challenges the legality of the order of detention dated 09.01.2014 (Annexure -1) passed by the District Magistrate, Ganjam -opposite party no. 2 in exercise of power under Section 3(2) of the National Security Act, 1980 (in short 'the Act') on the ground that the said order is illegal and contrary to law.

(2.) PETITIONER 's case in a nutshell is that opposite party no. 2 in exercise of power under Section 3(2) of the Act has passed the order of detention on 09.01.2014 which was served on the petitioner -detenu on 12.01.2014 while he was in jail custody in connection with certain criminal cases. Thereafter, the petitioner was served with the grounds of detention on the same day issued by opposite party no. 2. In the said grounds of detention, reliance has been placed on 6 (six) criminal cases pending against the petitioner. The State Government in exercise of power under Section 3(4) of the Act has approved the order of detention vide order dated 18.1.2014 under Annexure -3. On receipt of such grounds of detention, the petitioner has submitted his representation on 19.01.2014 to the jail authorities, separately to the Advisory Board of the State Government as well as the Central Government. Petitioner's representation was referred to the Advisory Board of the State Government and the date of hearing was fixed to 13.2.2014. Subsequently, the matter was adjourned to 19.02.2014 by the Advisory Board and at that stage the petitioner prayed to opposite party No. 2 to permit him to appear before the Advisory Board on the date fixed, i.e., on 19.02.2014. In exercise of the power conferred under Section 12(1) read with Section 13 of the Act, the State Government confirmed the detention order for twelve months from the date of the petitioner's detention vide order dated 11.03.2014. The representations of the petitioner were rejected on 18.03.2014. Hence, the present writ petition.

(3.) MS . Mohapatra further submitted that the Advisory Board to which the case of the petitioner was referred under Section 10 of the Act was of the opinion that there is sufficient cause for detention of the detenu. In view of such opinion of the Advisory Board, the State Government has mechanically confirmed the order of detention of the petitioner under Section 12(1) of the Act and under Section 13 of the Act directed detention of the petitioner for 12 months vide order dated 11.3.2014. The grounds of detention contained in Annexure -2 relate to ordinary law and order situation but not affecting the public order. The petitioner, who is a social worker and is espousing the cause of poor fishermen, has been arrested in connection with several criminal cases registered in one year, i.e., 2013. The petitioner was elected as a Sarpanch of Arjipalli Gama Panchayat from 2007 to 2012 and due to some political rivalry and in connivance with Gopalpur Port Authority, five cases have been registered against him along with other non -cognizable cases. In all the cases, the petitioner has been released on bail by the learned Sessions Judge as the cases against him are without any basis. The aforesaid order of detention is speculative in nature and does not have any foundation. The grounds on which the order of detention was passed against the petitioner have no nexus with the object sought to be achieved by the authority. In support of her contention, she relied on judgments of this Court in the case of Pradeep Sahu Vs. Union of India and others, : 2012 (II) OLR 1070; Bunty @ Ayushman Purohit Vs. State of Orissa and two others,, 2013 (I) OLR 416; and Kutuli @ Iswar Naik Vs. State of Odisha and others, : 2013 (II) OLR 473.