RAJA ALIAS SANDEEP ACHARYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Habeas corpus writ application has been filed challenging the order of detention dated 13-2-2000 passed by the District Magistrate, Cuttack, in exercise of powers conferred upon him by sub-section (2) of Section 3 of the National Security Act, 1980 (hereinafter referred to as 'the Act') with a view to prevent Raja alias Sandeep Acharya (hereinafter referred to as 'the detenu') from acting in any manner prejudicial to the maintenance of public order. In pursuance of the said order, the detenu was arrested on 2-7-2000 and was detained at Circle Jail, Cuttack at Choudwar.

(2.) The grounds of detention were served upon the detenu on 13-2-2000. The said grounds, a copy of which is annexed as Annexure-2 to the writ application, reveal that the District Magistrate, Cuttack has been subjectively satisfied, after due application of mind, that the detenu was creating havoc in Malgodown Police Station area of Cuttack city by indulging in anti-social activities and thereby adversely affecting public peace and order. It is stated that the appearance of the detenu in the locality itself makes the people panic stricken inasmuch as the detenu did not allow peace loving citizens to carry on their normal avocation. Though the detenue was arrested and forwarded to custody in several cases, his anti-social activities had not reduced and as soon as the detenu comes out on bail, he indulges in committing further offences and that too, more vigorously.

(3.) Instances of several occurrences/incidents/overt acts in which the detenu was involved have been cited in the grounds of detention. The said incidents relate to Malgodown P. S. Case No. 47 dated 15-4-99, under Sections 302/294/34, IPC read with Sections 25/27 of the Arms Act, Malgodown P. S. Case No. 97 dated 20-7-99, under Sections 307/34 IPC/9(b) I. E. Act/25/27 of the Arms Act and Malgodown P. S. Station Diary Entry No. 514 dated 24-1-2000. It is also stated that soon after being released from jail on 15-1-2000 in connection with Malgodown P. S. Case No. 97 dated 20-7-1999, the detenu again reverted back to his anti-social activities and terrorised the shop-keepers of College square and tried to intimidate and extract money from the shop-keepers of the locality. It is also stated in the grounds that the detenu has established himself as a hired killer and extortionist by creating sense of fear in the minds of peace loving people through his bloody crimes by using deadly weapons and fire-arms. The grounds of detention along with relevant documents were served on 4-7-2000 as the detenu was absconding and was arrested only on 2-7-2000.