GOURANGA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is a detenu's application for the second time in this Court for issue of a writ of habeas corpus challenging the order of detention, his first application having been rejected by this Court on 16-8-1985.

(2.) The petitioner has been detained pursuant to an order under S.3(3) of the National Security Act (hereinafter referred to as the "Act") passed by the District Magistrate, Puri, on 25-3-1985 and the grounds of detention were communicated to him on 28-3-1985. He had made a representation to the State Government on 9-4-1985 and the decision of the Government rejecting the same was passed on 3-4-1985. The detenu thereafter preferred a writ petition in O.J.C. No. 1174 of 1985 challenging the legality of his detention and this Court by judgment dt. 16-8-1985 dismissed the said application. The decision of this Court in the aforesaid case has been reported in (1985) 60 Cut LT 317, (Gouranga @ Goura Jena v. State of Orissa). The present application was filed on 8-11-1985.

(3.) Mr. Pasayat, the learned counsel for the petitioner, raises two contentions at the time of hearing. According to Mr. Pasayat, the State Government approved the order of detention in accordance with sub-s. (4) of S.3 of the Act on 6-4-1985 and reported the said fact to the Central Government on the same date. The Central Government not having paid any attention to the said report has failed in its duty and there has been an infraction of sub-s. (5) of S.3 of the Act and on this ground the detenu is entitled to be released. The learned counsel for the petitioner further submits that there has been an infraction of the mandatory requirements of sub-s. (5) of S.3 inasmuch as the fact of approval has not reached the Central Government within seven days from the date of approval and, therefore, the detention of the detenu must be held to be illegal.