Nilu Baral vs State Of Odisha And Others

Mr. Dhal, learned senior advocate appears on behalf of petitioner, detenue in custody on the appropriate government having directed so in exercise of power under sub-section (2) in section 3 of National Security Act, 1980. He submits, report dated 4th November, 2023 of the Superintendent of Police (SP) was allegedly relied upon to issue order of detention dated 8th November, 2023. Copy of the report was not supplied to his client, preventing him from making effective representation to the Advisory Board. Specific allegation was made in clause-(c) of paragraph-10 in the petition. He submits further, the non-application of mind is apparent on the detention order having been issued on 8th November, 2023 but the grounds made known on 9th November, 2023 by the notice to his client. He relies on decisions of this Court in Sailendra Kumar Jora vrs. District Magistrate reported in (2007) 36 OCR 833 and Papu vrs. Principal Secretary, Government of Odisha reported in 2023 SCC OnLine Orissa 1128 to submit, the order of detention be quashed.

Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of State-opposite parties and Mr. Parhi, learned advocate, Deputy Solicitor General for the Central Government.

Opposite party no.2 (District Magistrate-cum-Collector, Puri) in the affidavit filed by the office has clearly stated in paragraph-9 that,  inter  alia,  report  of the  SP had  already been  supplied  to  the detenue on  9th November, 2023. Said opposite party  had  issued notice dated 9th November, 2023 but in it, documents enclosed did not include the report. We, however, prima facie accept statement made in the counter asserting service because the notice itself is based on the report. It was subsequently disclosed in the counter of opposite party no.3. We have ascertained from said notice dated 9th November, 2023, it enclosed documents in respect of cases submitted by the SP in his report. The introduction sentence from said notice dated 9th November, 2023 is reproduced below.

“The copies of the following cases as submitted by the S.P., Puri are enclosed herewith for your reference:”

We intend to deal with the writ petition on adjourned date considering a person is in custody. We require assistance from opposite parties regarding nature of the cases, on which the SP had reported by his aforesaid report dated 4th November, 2023. Our question is in context of statement of objects and reasons in National Security Act, 1980 saying, inter alia, in prevailing situation of communal disharmony, social tensions, extremist activities, industrial unrest and increasing tendency on the part of various interested parties to engineer agitation on different issues, it was necessary to enact the law.

List on 1st May, 2024 as prayed for by Mr. Dhal.

……………………………