ANANTA 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 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 corresponding to G.R. Case No. 317 of 2005 under Sections 302/294/34, IPC. It is the further case of the petitioner -detenu 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.) FROM the above order, it is clear that the order of detention was passed when the petitioner -detenu was in custody in connection with some other criminal cases and apprehending that if he is released on bail he will again resort to activities prejudicial to the maintenance of public order, the Detaining Authority passed the above order of detention. The grounds of detention dated 29.10.2005 which has been annexed as Annexure -3 to the writ petition was served on the petitioner -detenu on 29.10.2005. The petitioner -detenu was given option to file his representation against the said order of detention before the State Government as well as the Central Government and before the Advisory Board. The petitioner -detenu has alleged that he was not supplied with the copies of other documents on which the grounds of detention were based. He has further alleged that against the order of detention, the petitioner -detenu sent the representations art 2.12.2005 through the Superintendent of District Jail, Puri to the State Government as well as to the Central Government. The AdvisoryBoard constituted under the Act came to a finding that there; were sufficient grounds for detention and, therefore, upheld the order of detention. The petitioner -detenu has further alleged that even though, hemade a representation to the Central Government on 2.12.2005, the same was rejected by the Central Government by its order dated 17.12.2005.