PRADIPTA KUMAR MISHRA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India has been filed by the brother of the detenu Pradyumna Kumar Mishra with a prayer that a writ of habeas corpus be issued against the State of Orissa inasmuch as the detention of the detenu in exercise of the powers conferred under Section 3(2) of the National Security Act (hereinafter called the ActT) was not in accordance with law.

(2.) The only point that has been raised before us by Mr. Mund, learned counsel appearing on behalf of the petitioner, is that the representation made by the detenu against his detention to the State Government was not disposed of within a reasonable time and the inordinate unexplained delay would vitiate the order.

(3.) In order to decide the question raised reference may be made to certain admitted facts. The District Magistrate, Pun by order dated 12.8.84 being satisfied that it was necessary to detain the detenu with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, passed the order of detention under Section 3(2) of the Act against the detenu on 12.8.84 which was served on him on the same day. Accordingly, the detenu was detained in the Special Jail at Bhubaneswar. On 16.8.84 the detenu was supplied with the grounds of his detention. The detenu submitted representation to the Secretary to the Government of Orissa in the Home Department, Bhubaneshwar vide Annexure-4 dated 27.8.84. The Superintendent of Special Jail. Bhubaneswar forwarded the representation of the petitioner to the District Magistrate, Pun on 1.9.84. On 6.9.84 the District Magistrate, Pun forwarded the same to the Secretary to Government in Home Department with parawise comments. On 10.9.84 the representation was received in the Home Department. On 12.9.84 the Secretary, Home Department examined the matter and made his noting. On 19.10.84 the Chief Minister passed orders on the representation and the order of the State Government was passed on 22.10.84 rejecting the representation of the detenu. On 25.10.84 the decision of the Government was communicated to the detenu vide Annexure-5.