SUMATI DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The writ petitioner is the wife of Sri Harihar Das who is under detention under National Security Act since 30-7-1997. While the detenu was in custody in Special Jail, Boudh since 28-7-97 in connection with Boudh P.S. Case No. 125 of 1997, he was served with detention order dated 30-7-1997 and grounds of detention dated 3-8-1997. A copy of the detention order passed by the District Magistrate is at Annexure-1/A.

(2.) By order dated 7-8-97, the Government of Orissa in Home (Special Section) Department in exercise of powers conferred by sub-section (4) of S. 3 of the Act approved the detention order made by the District Magistrate, Boudh until further orders. After receiving the report of the National Security Advisory Board, the State Government passed an order dated 20-9-1997 in exercise of powers under S. 12(1) of the Act confirming the detention order and directed that detenu shall continue in detention for twelve months or until further orders.

(3.) Being aggrieved by the order of detention, the wife of the detenu has challenged the same.