(1.) THIS writ petition has been filed for quashing the order dated 19. 12. 2007 (Annexure-1) by which the petitioner has been detained under Section 3 (2) of the National Security Act, 1980 (hereinafter called 'the Act') for a period of one year.
(2.) THE facts and circumstances giving rise to the case are that the petitioner is facingtrial in five criminal cases namely, (i) Colliery p. S. Case No. 152 dt. 22. 8. 2002, (ii) Parjang p. S. Case No. 9 dt. 19. 1. 20d4, (iii) Colliery p. S. Case No. 136 dt. 11. 7. 2007, (iv) Colliery p. S. Case No. 198 dt. 19. 9. 2007 and (v)Talcher P. S. Case No. 211 dt. 24. 11. 2007. In four cases he has been enlarged on bail by the competent court. Petitioner moved bail application and the court asked the government counsel to produce the case diary and other relevant documents for further consideration of his ball application. It is at that juncture the order impugned has been passed. Petitioner submitted two representations through the Superintendent, sub-Jail, Talcher dated 8. 1. 2008 to the Government of Orissa and Union of india. Representation submitted by the petitioner to the Government of Orissa stood rejected vide order dated 17. 1. 2008. The representation submitted to the Union of india has been rejected vide order dated 24. 1. 2008. Hence this habeas corpus petition.
(3.) MR. Anirudha Das, learned counsel for the petitioner has submitted that in the case a large number of issues are involved, but he would restrict the case only to two legal issues. (i) As to whether it was permissible in the facts and circumstances of the case to pass the detention order under the Act while the petitioner was already in custody in respect of some other criminal case. (ii) As to whether orders of rejection of his representations stood vitiated on the ground of inordinate delay on the part of the authorities.
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