SADASIVA APAT Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this application filed under Articles 226 and 227 of the Constitution of India, the petitioner Sadasiv Apat alias Sada who is a detenu under the National Security Act, 1980 has prayed for quashing the detention order of the District Magistrate, Pun dated 10-6-1994 (Annexure-1) and the order of the Govt. of Orissa, Home (Special Section) Department dated 11-8-1994 (Annexure-8) confirming the said order of detention and, to set him at liberty by issuing a writ of habeas corpus. The relevant portion of the ground of detention dated 14-6-1994 communicated to the petitioner (Annexure-A) is extracted hereunder: Take notice that you:

(2.) The main thrust of the submission of Shri D.H. Mohapatra, learned counsel for the petitioner, was that the allegations made against the petitioner as stated in the ground of detention and the other materials available before the detaining authority only made out a case of law and orderT and not public orderT therefore, the statement in the detention order that the District Magistrate 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 detain him in jail is unsustainable both in law and on facts.

(3.) The learned AddI. Govt. Advocate on the other hand submitted that on the materials available on record, there is scope to interfere with the detention order which was made on the basis of subjective satisfaction of the detaining authority. Elucidating the point, he submitted that the first information Report submitted by Sri Radhakanta Das ,and the statements of Sri Mahadev Pujapanda, Sri Biswanath Pratihari, Sri Rama Chandra Kothari and Sri Puma Chandra Patra recorded under section 161, Cr. P.C. amply substantiate the order of detention made by the District Magistrate.