CHOUDHURY DEBASIS DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) In exercise of powers under Sub-Sec. (2) of S. 3 of the National Security Act, 1980 (in short, 'the Act') describing the activities of Choudhury Debasis Dash (hereinafter referred to as 'the detenu') to have affected the public tranquillity, and with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, an order of detention was passed by the District Magistrate, Khurda on 6-2-1996 which is under challenge in this writ of habeas corpus.

(2.) Indicating nine incidents involving ghastly and cruel acts including murderous assaults, which disturbed even tempo of life in the society order of detention has been passed. Detenu made a representation before the State Government which has been rejected.

(3.) In support of the writ application, Mr. M. M. Basu, the learned counsel has primarily taken three grounds, namely, (a) the situations described did not constitute the public order situations, and at best may constitute law and order situations; (b) there was unusual delay in disposing of the representation, and (c) the constitutional protection mandating grant of adequate opportunity for representation has been denied as the detenu was not informed about his right to make a representation to the Central Government.Mr. B. L. N. Swamy, learned Government Advocate submitted that a bare look at the incidents described goes to show the ghastly nature thereof, and its impact on the society at large. They have been rightly described to be public order situations. There has been no delay in disposal of the representation. The petitioner submitted his representation on 27-2-1996 which was rejected by the State Government on 20-3-1996. Various steps taken on different dates have been detailed. The representation was addressed to the Commissioner-cum-Secretary to Government of Orissa, Home Department/The Chairman, National Security Advisory Board, Orissa through the Superintendent, Special Jail, Bhubaneswar which was forwarded by the District Magistrate along with para-wise comments thereon to the Home Department on 8-3-1996. It is to be noted that 9-3-1996 and 10-3-1996 were public holidays. The representation was ultimately disposed of on 20-3-1996. There was no requirement to intimate the detenu about his option to make a representation to the Central Government. Reliance is placed on a decision of the Apex Court in Veeramani v. State of Tamil Nadu (1994) 2 Supreme Court Cases 337, more particularly para 13 thereof.