ULLAS SAHU Vs. DIST MAGISTRATE CUTTACK

JUDGEMENT

(1.) All the three writ applications which are in the nature of Habeas Corpus arise out of the same incident leading to the passing of the impugned orders of detention (Annexure-1 to each of the writ applications) by the District Magistrate, Cuttack, under S. 3(2) of the National Security Act, 1980 (for short 'the Act').

(2.) All the three petitioners were arrested on 19-3-1987 and a copy of the grounds of detention dt. 22-3-1987 (Annexure-2) was served on each of them on 22-3-1987 itself in the Cuttack Jail.

(3.) It is alleged in the grounds of detention (Annexure-2) that on 22-1-1987 at about 8.30 A.M. while one Sudhakar Behera was taking tea at the tea-stall of one Madhusudan Behera, the three petitioners along with a few others armed with various deadly weapons like sword, Bhujali, Bombs, etc. appeared there. Petitioner Bichi alias Prakash is said to be holding two bombs in his hand. Petitioner Nali alias Nilambar was holding a sword and a Bhujali and petitioner Ullash a sword. It is said that petitioners Nali and Ullash along with their associate Babuni forcibly dragged Sudhakar up to the pond situated at the backside of the Gumti of Kahnu Charan Das and dealt blows on him with Bhujali and sword. Petitioner Bichi and others were hurling swords and showing bombs and shouting that they would kill any one who would interfere. Sudhakar Behera became senselesson accountof the injuries sustained by him. The culprits thinking him to be dead fled away. When the culprits were fleeing, Bijay Kumar Sethi and others chased them when petitioner Bichi is alleged to have exploded the bombs due to which they had to retreat out of fear. On account of the above anti-social and violent activities of the detenus and their associates, a panic was created in the locality and the shop-keepers closed their shops and the inhabitants shut themselves inside their houses. The vehicular traffic on the road is also said to have stopped and "peace and tranquillity of the area was completely jeopardised" as the detenus and their associates were "openly announcing to murder anybody who intervened" for which a sense of panic prevailed in the area and the even tempo of life of the community and public peace and order was disturbed.