KARAN ALIAS PRADEEP SAGAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) Karan alias Pradeep Sagar (hereinafter referred to as Tdetenu) interned in the Circle Jail, Sambalpur pursuant to the order of detention passed on 3-7-1996 (Annexure-1) by the District Magistrate, Sambalpur in purport of exercise of powers conferred under sub-section (2) of Section 3 of the National Security Act 1980 (in short, the Act) has filed this application for writ of habeas corpus.

(2.) By the order of detention dated 3-7-1996 detention of the detenu was directed. The ground of detention inter alia indicate various acts, which according to the detaining authority affected public tranquillity. The acts were labelled to be violent and activities of the detenu were described to be murderous which seriously affected the public order, peace and tranquillity of the locality paralysing the normal life of the people. By indulging in antisocial activities and using brutal force he tried to take away lives of innocent persons on many occasions, and has in fact committed murder in two instances. The Officer-incharge of Ainthapali Police Station, who is the law enforcing officer of the area was assaulted in a crowded area which created panic and disturbed even tempo of life. With a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order, it was felt necessary to direct his detention.

(3.) Challenging the order of detention essentially two points have been urged. Firstly, it is submitted that the incidents highlighted in the detention order at the most depict law and order situation, and cannot be labelled as public order situation. Secondly, the detenus representation was not sent to the State Government thereby violating protection provided under Article 22(5) of the Constitution of India, 1950 (in short, the Constitution).