SHANKAR MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY this writ petition the petitioner -detenu seeks to challenge the order of detention issued against him by the District Magistrate, Sambalpur on 23.12.2005 under Sub -section (2) of Section 3 of the National Security Act, 1980 directing detention of the petitioner so as to prevent him from acting in any manner prejudicial to the maintenance of public order.

(2.) THE impugned order of detention dated 23.12.2005, as passed by the District Magistrate, Sambalpur under Annexure -1, reads as under:

(3.) IN the aforesaid circumstances, we are constrained to hold that we have no other option but to allow the petition and issue a writ of habeas corpus as claimed by the petitioner. Accordingly, we allow this petition, quash the impugned order of detention dated 23.12.2005 under Annexure -1 passed against the petitioner by the detaining authority and direct that the petitioner be set at liberty forthwith, if he is not required to be detained in connection with any other case.