TMI Blog1971 (11) TMI 162X X X X Extracts X X X X X X X X Extracts X X X X ..... the Orissa Preventive Detention Act, 1970. Each one of the Petitioners was served with a separate order of detention. The order of detention so far as it is relevant is as follows : Since you with your associates have been systematically indulging in various acts of lawlessness criminal activities and other illegal acts in a manner prejudicial to public order as per the grounds enclosed. I Sri S.K. Basu, I.A.S District Magistrate, Koraput, after due consideration am satisfied that with a view to preventing you to act in a manner prejudicial to the maintenance of public order it is necessary so to do and I have, therefore, passed an order under Section 3(2) of the Preventive Detention Act, 1970, directing that you be detained. Sin ultaneously, each one of the Petitioner was served the grounds on which the detention had been made. The grounds furnished to the Petitioner arc the same in every case and they are 22 in number. On a perusal of these grounds which are imprecisely and in artistically worded the District Magistrate appears to convey to the detenues that they were Naxalites who, in association with other Naxalites, both above ground and under ground, and in collaboratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as soon as may be, put not later than five days from the date of detention, communicate to him the grounds on which the order has been made, and shall after him the earliest opportunity of making a representation against the order to the, State Government. 4. Section 8 provinces for the Constitution of Advisory Boards. Section It requests that : In every case where a detention order has been made under this Act, the State Government shall, within thirty days from the date of detention under the order, place before the Advisory Board the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in case where the order has been made by an officer, also the report furnished by such officer under Sub-section (3) of Section 3. 5. Section 10 requires that the Advisory Board shall consider the materials before it and submit its report to the State Government within ten weeks from the date of detention. The Advisory Board shall also give its opinion as to whether or not there is sufficient cause for the detention of the person concerned, under Section 11 where the Advisory Board has reported that there is, in its opinio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e set aside. It is also contended that some of the grounds are so vague and indefinite that it is impossible for the petitioners to nuke an effective representation against those grounds and, therefore, oil that ground also the detention orders are liable to be set aside. 10. It is well established that the court has no power to review or consider the sufficiency of the evidence on which a detention order is made but the Court insists that the statutory requirements must be strictly complied with. The before, when the court closely scrutinizes the grounds in support of the detention order the scrutiny is not for the purpose of determining the sufficiency of the materials but to see whether the grounds supplied are sufficient to enable the detenu to make an effective representation and are not unconnected with the requirements on which alone the order of detention is made. For example, under Section 3 of the Orissa Preventive Detention Act, 1970 the power to detain can be exercised if the concerned power to detain can be exercised if the concerned authority is satisfied that with a view to preventing the person from acting in any manner prejudicial to the maintenance of public or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... abab, before and after entering the court hall at the time of their production and thereby created sensation in the minds of public. They also shouted similar slogans while being taken from and to the Jail during their trial. 14. There is a talk in Ravagada and Chiandili area that the Naxalites in Gunupur conspiracy case, have sent intimation to their supporters and followers to remain prepared for carrying out the armed struggle as they are likely to be acquitted in this case. They have also sent information to chart out the names of targets for annihilation work. (Ravagada P.S.S.D.E. No. 272 dt : 15-4-71 and Chandili O.P.S.D.E.No. 250 dated 15-4-1971. 13. Ground No. 2 mentions the names of certain Naxalites and it is stated that petitioner No. 1 is one of them. These Naxalites, it is alleged, instigated the other under-trial prisoners in Gunupur Sub Jail to disobey the Jail rules and demand various facilities from the authorities. It is also alleged that they organised several meetings inside the Jail premises with a view to start agitation against the Government by resorting to hunger strikes. It must be said that this ground is both vague and irrelevant. It is not cle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... affect adversely public order. This ground again is irrelevant to the maintenance of public order. 17. Ground No. 9 says that the petitioner and his associates when entering or departing from the court hall created sensation in the minds of the public by shouting slogans like Naxalite Zindabad, Long Live Revolution, Mao Tse Tung Zindabad. We do not see how more shouting slogans like this would prejudice the maintenance of public order. They might, at the most, disturb law and order but certainly would not create public disorder. 18. Ground No. 14 vaguely says that there is a talk in Rayapada and Chandili areas that the Naxalites (perhaps meaning the petitioners) in Gunupur conspiracy case had sent intimation to their supporters and followers to remain prepared for an armed struggle as soon as the petitioners are acquitted in the case under trial, It appears to us that the ground is vague because one does not know who was talking about this whether such persons who talked were responsible persons. The petitioners would not be in a position to make an effective representation against such vague allegations. 19. It will thus be seen that at least the above mentioned grounds ..... X X X X Extracts X X X X X X X X Extracts X X X X
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