SANKAR GOUDA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed in the nature of Habeas Corpus challenging the order of detention dated 22.12.2006 on the basis of the grounds of detention dated 24.12.2006 passed by the District Magistrate, Ganjam directing detention of the petitioner -Sankar Gouda under the Sub -section (2) of Section 3 of the National Security, Act, 1980.

(2.) THE sole ground on which the petitioner has challenged the grounds of detention is that the petitioner made a representation, which is dated 5.1.2007 and there has been inordinate delay by the State Government in disposing of the petitioner's representation and there is no cogent explanation for this delay. In the counter filed by the Collector -cum -District Magistrate, Ganjam -Berhampur -O.P. No. 3 -the detaining authority, this fact of the petitioner making the representation on 5.1.2007 is accepted vide paragraph -8 thereof. The said representation was allegedly considered and by the order rejecting the representation was served upon the petitioner on 10.2.2007. Therefore, there was delay of about 35 days in the matter of consideration and disposal of the petitioner's representation.

(3.) IN the context of the aforesaid facts, this Court considers it appropriate to follow the decision of this Court in Bijaya Parida v. State of Orissa and Ors. 2006 (II) OLR 591, where for 15 days' delay in the matter of disposal of the detenu's representation, the order of detention was quashed. Again in the case of Ananta Parida v. State of Orissa and Ors. 2006 (II) OLR 737, for the same delay of 15 days in disposing of the detenu's representation, this Court quashed the order of detention.