NAKULA MAHAKUD Vs. STATE OF ORISSA

JUDGEMENT

(1.) The order dated 26.12.2017 of the Government of Odisha Home (Special Section) Department under section 3 (4) of the National Security Act, 1980 approving the detention order dated 17.12.2017 of the Commissioner of Police, Bhubaneswar-Cuttack in respect of the detenu, namely, Nakula Mahakud is under challenge in this writ petition under Art. 226 of the Constitution of India.

(2.) The Commissioner of Police, Bhubaneswar-Cuttack on being subjectively satisfied that detenu who was already in jail in Khandagir P.S. Case No.520 dated 17.11.2017 was frequently unleashing reign of terror and thereby acting prejudice to the maintenance of public order in the areas of Bhubaneswar urban district, had invoked section 3 (3) of the National Security Act and directed to detain him in the Special Jail, Jharpada until further orders. For such subjective satisfaction, the Commissioner of Police had taken into consideration of eight criminal cases pending against the detenu and use of lethal weapons, fire arms and creation of panic at the point of gun to collect Dada Bati.

(3.) On 26.12.2017 the order of detention was approved by the Home (Special Section) Department. Government Odisha vide Annexure-1. The said order was served upon the petitioner on 28.12.2017. On 4.1.2018 the petitioner filed his representation to the Home (Special Section) Department, Government of Odisha through Superintendent, Special Jail Jharpada, Bhubaneswar. On 9.1.2018 the said representation was received in the Home Department, Orissa. The State Government rejected the representation of the detenu on 25.1.2018 and it was served upon him 28.1.2018.