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CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1216 of 1968.

Appeal from the judgment and order dated March 11, 1968 of the Orissa High Court in O.J.C. 454 of 1967. A. S. R. Chari, Yinno Bhagat, and Ravinder Narain, for the appellant.

Niren De, Solicitor-General, G. R. Rajagopala, and R. N. Sachthey, for the respondents.

The Judgment of the Court was delivered by Shah J.-By order pronounced on April 22, 1968, we directed that the, order passed by the State of Orissa detaining the appellant under the Preventive Detention Act be, quashed. We proceed to record our reasons in support of our order. On December 15, 1967, the District Magistrate, Cuttack served an order made in exercise of power under s. 3 ( 1 )

(a) (ii) of the Preventive Detention Act 4 of 1950 directing that the appellant be detained on the grounds that he--the appellant-was acting in a manner prejudicial to the maintenance of public order by committing breaches of public peace, indulging in illicit business in Opium, Ganja, Bhang, country liquor, riotous conduct, criminal intimidation and assault either by himself or through his relations, agents and associates as set out in the order. On December 19, 1967 the appellant filed a petition in the Court of Orissa challenging the validity of the order of detention on the grounds, inter alia, that the order and the grounds in sup port thereof served upon the appellant were written in the English language which the appellant did not understand. On January 18, 1968, the District Magistrate Cuttack supplied to the appellant an Oriya translation of the order and the grounds. On January 28, 1968, the State of Orissa revoked the order and issued a fresh order that :

"Whereas the order of detention dated the 15th December, 1967, made by the District Magistrate, Cuttack against Shri Hadibandhu Das son of late Ramchandra Das of Manglabag, town Cuttack has been revoked by the State Government on account of defects of formal nature by their order No. 396C dated the 28th January, 1968.
And whereas the State Government are satisfied with respect to the said Hadibandhu Das, that with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, it is necessary to detain him. Now, therefore, in exercise of the powers conferred by Section 3 (1) (a) (ii) read with Section 4 (a) of the Preventive Detention Act, 1950, the State Government do hereby direct that the said Hadibandhu Das be detained in the District Jail at Cuttack until further orders."

The grounds in support of the order served on the appellant ran into fourteen typed pages and referred to his activities over a period of thirteen years, beside referring to a large number of court proceedings concerning him and other persons who were alleged to be his associates. Mere oral explanation of a complicated order of the nature made against the appellant without supplying him the translation in script and language which he understood would, in our judgment, amount to denial of the right of being communicated the grounds and of being afforded the opportunity of making a representation against the order. The order made by the District Magistrate, Cuttack not having been followed up by service within five days as provided by s' 7(1) of the communication to him of the grounds on which the order was made must be deemed to have become invalid and any subsequent detention of the appellant was unauthorised.