BIJAYA PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner detenu challenges the order of detention dated 25.10.2005 issued by the District Magistrate, Puri under Section 3(2) of the National Security Act, 1980 (for short, 'the Act') on various grounds.

(2.) The petitioner detenu's case, in brief, is that he is the brother of one Ananta Parida who was the President of the Delanga Hat on being elected by the majority of the shop owners till the year 2005 when the order of detention was passed. The petitioner detenu's younger brother was murdered by some anti-socials on 29.8.2005 for which he lodged an information in the Delanga Police Station and a case was registered thereon being Delanga P.S. Case No. 95 (10)/2005 under Sections 302/294/34IPC. It is the further case of the petitioner that due to political rivalry he was implicated in various criminal cases and in furtherance of such political vendetta against him the impugned order of detention was passed by the District Magistrate, Puri without due application of mind.

(3.) The English translation of the order of detention which was passed in Oriya is as follows: <FRM>JUDGEMENT_597_CRIMES4_2006Html1.htm</FRM>