RAMESH DALAI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This habeas corpus petition has been filed by Ramesh Dalai (hereinafter referred to as 'the detenu') against the order of detention passed by the District Magistrate, Cuttack on 19-9-1995 in exercise of power conferred under Sub-Section (2) of Section 3 of the National Secutiry Act, 1980 (in short, 'the Act'). The detention order is Annexure-1, and the grounds of detention dated 19th September, 1995, which was served on the reference on the same day is annexed to Annexure-1. The main ground for detention is as follows :

(2.) From the counter-affidavit we find that the detention, order was sent to the State Government in the Home Department on 23-9-1995 together with the grounds of detention and other connected papers which were received by the State Government on the same day. The detention order was approved by the State Government on 29-9-1995, i.e. within twelve days as required under Section 3(4) of the Act, and it was duly communicated to the District Magistrate, Cuttack by message dated 29-9-1995. Thereafter the case of the defence was referred to the Advisory Board constituted under Section 10 of the Act on 29-9-1995, i.e., within three weeks from the date of detention as required under the Act. The Advisory Board considered the same on 20-10-1995 and submitted its report along with the opinion and the proceeding of the Board to the State Government on 26-10-1995, i.e., within seven weeks from the date of detention, which was within the prescribed period under the Act. After receipt of the report of the Advisory Board, the detention order was confirmed under Section 12(i) of the Act, and direction was given that the detenu-petitioner shall be detained for twelve months vide order dated 3-11-1995. Said order was served on the detenu on 10-11-1995. The detenu also submitted a representation on 16-5-1996, but the same was rejected by the State Government vide order dated 1-6-1996, and due communication was given to the detenu on 3-6-1996, as 2-6-1996 was a Sunday.

(3.) We find from the records that while approving the order of detention on 29-9-1995, the said order alone with the grounds of detention was sent to the Central Government as required under Sub-Section (5) of Section 3 of the Act.