BABULA ALIAS AJITPAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is the second round of challenge to the order of detention passed under Section 3 (2) of the National Security Act, 1930 against the petitioner-detenu Babula alias Ajitpal by the District Magistrate, Cuttack. The first round was in O.J.C. No. 4115 of 1994 decided on 3rd October, 1994.

(2.) A preliminary objection - which appears quite valid - is raised by the State Government as well as the Central Government against the maintainability of this second petition. The two points raised and urged in the earlier petition were :-

(3.) In the present petition, the only point urged is that there was no justification whatsoever for the Central Government to wait for the report of the Advisory Board for disposal of the petitioner's representation. Certain decisions of various courts dealing with the circumstances, in which waiting for the report of the Advisory Board was held to be unjustified, were also brought to our notice. The submission on behalf of the petitioner is that since those decisions were not brought to the notice of the Court in the earlier petition, the second petition on that ground is maintainable.