SK KALIM Vs. STATE OF ORISSA

JUDGEMENT

(1.) By this writ application, the petitioner-detenu seeks to challenge the order of continued detention dated 13.2.2006 passed by the District Magistrate, Ganjam, Chatrapur under the provisions of sub-section (2) of Section 3 of the National Security Act, 1980 (for short, 'the Act') with a view to prevent the petitioner-detenu from acting in any manner prejudicial to the maintenance of the public order.

(2.) When the petitioner-detenu was in custody in connection with some police cases, on 13.2.2006 itself, he was served with the order of detention dated 13.2.2006 under Annexure-1 passed by the District Magistrate Ganjam, Chatrapur under the provisions of sub-section (2) of Section 3 of the Act. The said order of detention dated 13.2.2006 reads as under : <FRM>JUDGEMENT_601_CRIMES4_2006Html1.htm</FRM> Since then, petitioner detenu is undergoing detention. On 15.2.2006, the detaining authority furnished the petitioner detenu with grounds of detention, which has been annexed to the writ petition as Annexure-2. The grounds of detention refer to various station diary entries and police cases disclosing the criminal activities of the petitioner-detenu. From the recital of the grounds of detention, it appears, inter alia, as follows:

(3.) From the afore-quoted passage and from other paragraphs of the grounds of detention, it is manifest that the petitioner's detention under the provisions of Act in the year 1999 was taken into consideration before the detaining authority issued the impugned order of detention. Thereafter, in the grounds of detention, the detaining authority took as many as four station diary entries recorded in the month of January this year. None of those entries disclose registration of any police case against the petitioner-detenu. However, in the grounds of detention, the following recent cases were taken as grounds for detention of the petitioner-detenu: