PRAVA FERNADIS Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY this writ petition, the petitioner has prayed for issue of a writ of habeas corpus, quashing the order dated 3.6.2004 issued by the District Magistrate, Sundargarh, in exercise of power under Sub -section (2) of Section 3 of the National Security Act, 1980, directing the detention of the petitioner in Special Jail, Rourkela, with a view to prevent him form acting in any manner prejudicial to the maintenance of public order. The said order of detention was served upon the petitioner on 4.6.2004 in the said Special Jail where the petitioner was detained in connection with some other police cases. Thereafter, the grounds of detention dated 7.6.2004, drawn up by the said District Magistrate, Sundargarh were served upon the petitioner on the same day i.e., 7.6.2004 while he was in custody in the Special Jail, Rourkela. It transpires form the record that on 14.6.2004, the Government of Orissa, Home (Special Section) Department informed the petitioner that the State Government had approved the order of detention under which the petitioner was detained in the said Special Jail. It further transpires that the District Magistrate by his order dated 18.6.2004 intimated the petitioner that the case under the National Security Act against him has been referred to the Advisory Board by the State Government and if he wished he can make a representation before the said Advisory Board.

(2.) THE petitioner in this writ application has stated that after receiving the ground of detention, he made representations through the Superintendent of the Special Jail, Rourkela, addressed to the State Government, Central Government and Advisory Board constituted under the National Security Act. The Government of Orissa by his order dated 30.7.2004 informed the petitioner that the Advisory Board constituted under the National Security Act has opined that there were sufficient causes for detention of the petitioner. On the basis of such opinion, the State Government had confirmed the order of detention of the petitioner for a period of twelve months.

(3.) ON the other hand, form the affidavit filed on behalf of the Government of Orissa as well as the Central Government, it appears that the petitioner did not make any representation either to the State Government or to the Union Government or the Advisory Board. Thus, it is stated that the question of consideration of such representation did not arise at all. Learned Addl. Government Advocate submits that the petitioner having not given any representation whatsoever, he cannot claim for non -consideration of representations said to have been made by him and on that ground allegation of any prejudice caused, is also untenable.