PRAMILA BASTIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application for issue of writ of habeas corpus directing release of the detenu Tulukishore Bastia who had been detained under the National Security Act, 1980 (hereinafter referred to as the 'Act'). The petitioner is the wife of the detenu. The order of detention dt. 23 -2 -1984 (Annexure -1) was passed by the District Magistrate, Cuttack (Opposite Party No. 2) in exercise of the powers conferred under Section 3(2) of the Act, on being satisfied that with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order, it is necessary to order his detention. On 25 -2 -1984. the grounds of detention (Annexure -3) were served on the detenu. The grounds which are in Oriya language contained two incidents which translated into English read as follows : -

(2.) THE order of detention has been challenged mainly on the grounds : -

(3.) IN course of argument, Sri R.N. Mohanty, the learned counsel appearing for the petitioner and Sri R. K. Patra, the learned Additional Government Advocate appearing for the opposite parties have reiterated the stand taken by their respective parties in the pleadings as indicated above. The learned Additional Government Advocate has also produced the relevant files of the opposite parties 1 and 2 which we have perused.