SAILENDRA KUMAR JORA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THIS Writ Petition has been filed by challenging an order of detention passed against the Petitioner under the provisions of the National Security Act, 1980 (hereinafter referred to as 'the Act') the order of detention is dated 19.07.2006. The grounds of detention are dated 23.07.2006. Several grounds have been given in support of the Petitioner's detention under the provisions of the said Act. We are not going to discuss anything on the grounds of detention in question in view of the reasons, which are discussed by us.

(2.) LEARNED Counsel appearing on behalf of the Petitioner submits that in the instant case the Petitioner's Fundamental Right of making representation against the detention order under Article 22(5) of the Constitution of India has been breached. In support of the said contention, Learned Counsel for the Petitioner submits that along with the grounds of detention, the report of the Superintendent of Police, Keonjhar on which the grounds of detention are based, has not been supplied to him. In support of such contention, the Petitioner has taken a specific ground, being ground No. 10 at Page -6 of the Writ Petition. The said ground is as follows: For that the report of the superintendent of Police, Keonjhar which formed the basis of detaining the Petitioner having not been supplied to him the order of detention is liable to be quashed.

(3.) IT is therefore clear that the grounds of detention, which were served on the Petitioner, were based on the report of the Superintendent of Police, Keonjhar. Admittedly the report of the Superintendent of Police, Keonjhar has not been furnished in this case along with the grounds of detention.