SAGAR PARIDA Vs. STATE OF ODISHA AND ORS.

JUDGEMENT

(1.) The writ jurisdiction is invoked by the petitioner to quash the order of detention dated 19.12.2019 and its consequential proceeding passed by the Commissioner of Police, Bhubaneswar-Cuttack Police Commissioner ate (O.P. No.3) under section 3 (2) of the National Security Act, 1980 (for brevity, "the NSA").

(2.) The petitioner was in judicial custody since 14.12.2019 at special jail Jharpada, Bhubaneswar in connection with Chandrasekharpur P.S. Case No.500 dated 13.12.2019 for commission of offence under section 394 I.P.C. While so, the Commissioner of Police, (O.P.No.3) being satisfied with the material and documents submitted by Dy. Commissioner of Police, (O.P. No.4) that prevention of petitioner was imperative from acting in any manner prejudicial to the maintenance of public order and tranquility, passed order detaining him under section 3(2) of the NSA.

(3.) The Government of Odisha, Home (Spl. Section), Department (O.P.No.2) approved the detention of the petitioner under Section 3(4) of the NSA on 30.12.2019, vide Annexure-3. The same was communicated to the petitioner on 1.1.2020 vide Annexure-4. On 2.1.2020, the petitioner was informed by the Secretary, N.S.A. Advisory Board to express his willingness to be heard in person before the Advisory Board. On 9.1.2020, the sitting of the Advisory Board fixed to 14.1.2020 vide Annexure-6 was intimated to the petitioner. The petitioner was heard in person by the Advisory Board. The Advisory Board found sufficient cause for his detention. Basing upon that, the Govt. of Odisha in Home Department passed order on 6.2.2020 confirming the detention of the petitioner for three months from the date of detention, i.e., 19.12.2019 vide Annexure-7. The said confirmation order was served upon the petitioner on 10.2.2020 vide Annexure-8.