LAWS(ORI)-1988-1-14

PABITRA KUMAR Vs. STATE OF ORISSA

Decided On January 27, 1988
PABITRA KUMAR Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) This is an application by the brother of detenu Babu alias Pratap Saboo for a writ of Habeas Corpus quashing the order of detention dt. 1-8-87 (Annexure-1) passed by the District Magistrate, Cuttack (opposite party 3) under the provision of Sub-Sec. (2) of S.3 of the National Security Act, 1980.

(2.) The ground of detention dt. 3-8-87 as per Annexure-2 furnished to the detenu reads as under :-

(3.) Though the attack on the order of detention was multi pronged, we propose to dispose of the writ application on a short ground, namely, if the acts of the detenu alleged to have been committed by him were prejudicial to public order and his detention was warranted with a view to preventing him from acting in any manner prejudicial to the maintenance thereof. The ground of detention discloses that the District Magistrate was satisfied from the solitary event that took place around 9.30 P.M. on 29-7-87 that he was to be prevented from acting many manner prejudicial to the maintenance of public order by detaining him under the provisions of National Security Act.