LAWS(ORI)-1974-4-15

PRAKASH CHANDRA SENAPATI Vs. DISTRICT MAGISTRATE

Decided On April 09, 1974
Prakash Chandra Senapati Appellant
V/S
DISTRICT MAGISTRATE Respondents

JUDGEMENT

(1.) THE petitioner challenges the order of his detention passed by the District Magistrate of Balasore in exercise of powers conferred under sub -clauses (ii) and (iii) of clause (a) of Sub -Section (i) of Section 3 of the Maintenance of Internal Security Act, 26 of 1971 (hereafter referred to as the 'Act') on 30th November, 1973.

(2.) THE petitioner is a resident of a village lying on the outskirts of the town of Balasore. On analysis, the grounds of detention appear to be the petitioner's indulging in acts prejudicial to the maintenance of public order as also of supplies essential to the community. In the Hindustan Standard, a newspaper published from Calcutta dated 5th of February, 1973, a leading article entitled "Doctors from Orissa" was published. An anti -Bengali agitation spread in the district of Balasore for a few days following the said publication. The petitioner is said to have indulged in a series of activities as per the following particulars : -

(3.) THE detaining authority has filed a counter -affidavit supporting the order of detention.