ASHOK KUMAR YADAV Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing the order of detention dated 10.10.2004 under Annexure -1 issued in respect of the petitioner by the District Magistrate, Jharsuguda, Orissa.

(2.) BY the impugned order the District Magistrate in exercise of the power conferred upon him by or under Sub -section (2) of Section 3 of the National Security Act, 1980 (in short, 'the Act') recorded that he was satisfied that with a view to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order it was necessary to direct that the petitioner be detained in the Sub -Jail, Jharsuguda until further orders. On 10.10.2004 itself in execution of the said order of detention the petitioner was arrested and was served with a copy of the order of detention and since then he is detained in the said Sub -Jail. While in detention, pursuant to the order under Annexure -1, petitioner was served with the grounds of detention dated 12.10.2004 under Annexure -2 issued by the said District Magistrate. As has already been seen, the order of detention was issued against the petitioner with a view to prevent him from acting in any manner prejudicial to the maintenance of the public order.

(3.) WE have heard Mr. B.P. Ray, learned counsel for the petitioner as well as the learned Government Advocate in detail. Various grounds were agitated before us by the learned counsel for the petitioner. However, we are of the view that this case can be disposed of only on one ground i.e. on the question as to whether the criminal activities attributed to the petitioner amounted to any activity on the part of the petitioner prejudicial to the maintenance of public order.