UDAYANATH ALIAS ASWINI KUMAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY this Habeas corpus petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for quashing the order dated 6th August, 2003 issued by the District Magistrate, Cuttack under Subsection (2) of Section 3 of the National Security Act, 1980 in respect of his son Sri Titua @ Anirudha Sethi with a view to preventing him from aoting in any manner prejudicial to the maintenance of public order.

(2.) IN exercise of the power conferred upon him under Section 3 of the National Security Act, 1980, the District Magistrate, Cuttack issued an order of detention in respect of the detenu, being the son of the petitioner, with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. The impugned order at Annexure 1 to the petition reads as under :

(3.) AGAIN on the very next day (26.5.2003) at about 7.30 P.M., the detenu and his associates charged bombs at Grand Coach Bus bearing Registration No. W.B 19A 3751 while the conductor of the said bus was issuing tickets to the passengers at O.M.P. Crossing. As a result, the roof top of the bus was damaged. The people of the locality were terrorized. The shopkeepers closed down their shops and a feeling of terror prevailed in the area and in this connection, Chauliaganj P.S. Case No. 76 dated 26.5.2003 under Sections 286 I.P.C. and Section 9(b) of the Indian Explosives Act was registered. The case was till then under investigation.