BABULA ALIAS AJIT PAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Bbula alias Ajit Pal (hereinafter referred to as 'detenu') has filed this application under Article, 226 of the Constitution of India, 1950 seeking issuance of a writ of habeas corpus, quashing order of detention dated 6-3-1994 passed by the District Magistrate, Cuttack, in exercise of powers conferred by Sub-Section (2) of Section 3 of the National Security Act, 1980 (hereinafter referred to as 'Act'). The order of detention was passed with a view to preventing the detenu from acting any manner prejudicial to the maintenance of public order and directing him to be interned in the Circle Jail, Choudwar, in pursuance of the said mittimus.

(2.) Grounds necessitating detention as de tailed in the grounds of detention are as follows. On 2-3-1994 at about 4.45 p.m. the detenu along with one of his associates entered into the City Hospital, Cuttack. He assaulted Sri Bipinbehari Mohapatra, Stenographer to the Chief District Medical Officer, Cuttack and snatched away his wrist watch and cash. He moved inside the City Hospital shouting at the Chief District Medical Officer and other employees of the Hospital and threatened to take away their lives. To terrorise the employees, he assaulted two of them, namely, Sri Bijaya Chandra Das and Sri Durlava Singh. By his violent activities, the general public and employees present there were panic-stricken and had no courage to resist him. Out of fear, mem bers of public, patients who had come for treat ment and employees of the Hospital ran helter and skelter and attending doctors fled away from duties apprehending his deadly attack on them. An essential service like medical service could not be made available to the patients for a period. As the employees deserted their seats out of fear, Government work was hampered and normal functioning of a Government office was paralysed. The City Hospital, though a public place, was left isolated for a period due to his anti- social activities. His violent activities created panic and insecurity in the minds of Government employees and general public, affecting public order and tranquillity in the locality. He left the Hospital with a threatening for serious consequences if any one reports the incident to the police. Members of staff of the Hospital were so terrified that they did not venture to come to the police station on that day. It was reported to the police on the next day. Besides, there are reports of many anti-social activities in the past which prove habitual indulgence in such activities, caus ing grave sense of insecurity and fear in the minds of peace loving people. Ten incidents between the period from 23-6-1990 to 26-11- 1993 were listed, relating to such allegations.

(3.) The order of detention has been primarily attacked on two grounds by the petitioner.