TUKUNA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The continued detention of detenu of Tukuna alias Satyajit Panda pursuant to an order of detention passed by the District Magistrate, Cuttack, in exercise of his powers under Sub-S. (2) of S.3 of the National Security Act, 1980 (hereinafter referred to as the "Act") and approved by the State Government under Sub-S. (4) of the said Section is being assailed in this writ petition. The detaining authority on being satisfied that the detention of the detenu is necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, has passed the impugned order of detention.

(2.) The grounds of detention which were communicated to the detenu, as required under S.8 of the Act, have been annexed as Ann-2 to the writ petition. It would be appropriate to extract the grounds of detention :- 2. On 28-12-1987 at 10 A.M. yourself and Sudhakar Bagedi went to the cattle feed shop of Biswanath Choudhury situated in front of Suraj Talkies onChandini- chowk-Cuttack Chandi Road and demanded subscription for the Club. As he did not pay, both of you threatened him. This fact was intimated to Desraj Agrawalla the complainant, by his brother-in-law Biswanath Choudhury. On the same day at about 9.45 P.M. yourself, Dillip Behera and two others, all armed with knives went to 'Uma Tailoring shop' situated near Suraj Talkies and the house of Desraj Agrawalla and demanded subscription with threats. When Desraj Agrawalla objected to it, you dealt a blow on his face as a result blood oozed out from his nose. As he raised alarm you ran to the nearby sweetmeat shop of Baishnab Singh and bringing a 'dekchi' containing hot water rushed forward to throw it on him. Out of fear he ran inside his house and all of you chased him and entered inside his house. Hearing his alarm his brother-in-law Biswanath Choudhury and sons Sankar, Sraban, Pradip and Satyanarayan came to his rescue and obstructed you all. Thereafter you and your associates came out to the road and started abusing him with threats. Hearing this, his neighbours and neighbouring shopkeepers also assembled there. But none did come forward to help him, as you and your associates hurling the knives were giving threats. As a result the neighbouring house owners and shopkeepers closed the doors of their houses and shops out of fear. The public did not venture to go by that road and all vehicular traffic stopped on the road and the road became isolated. After some time all of you went away towards Chandini-chowk hurling the knives. A reign of terror prevailed in the area for some time and the public were panic-stricken. Due to such action of yours and your associates, public peace and tranquillity was jeopardised. This incident refers to Lalbag P.S. Case No. 549 dt. 28-12-1987 u/s. 385/323/452/506/34 I.P.C. The anti-social and violent activities mentioned in the foregoing paragraph have adversely affected the even tempo of life of the community and disturbed public peace and order. One set of copies and supporting records of this case is enclosed herewith. You are, therefore, informed that if you like, you may file representation against the order of detention to State Government." The grounds communicated, as extracted above, reveal that the detenu demanded some subscription from one Biswanath Choudhury during the morning hours of 28th of December, 1987, but as he did not pay, the detenu threatened him with dire consequences. Again, in the evening hours, the detenu with his associates armed with knives went to some other shop as well as the house of all inhabitant of the locality and demanded subscription from them with threats and when the demand was not fulfilled the detenu gave two slaps on the face of the person from whom the demand had been made. When alarm was raised the detenu went to the nearby sweet-meat shop and brought forth hot water to pour over the person from whom he had demanded the subscription. With the concerned person ran into his house out of fear the detenu and his associates even chased him and when others came and obstructed, the detenu and his associates came back to the public road and started hurling their knives and giving threats and on Account of such activities of the detenu no member of the public could venture to go by that road and the vehicular traffic had stopped for some time to the road. It further reveals that a reign of terror prevailed in the area and the public were panic-stricken.

(3.) Mr. Beura the learned counsel for the petitioner, assails the order of detention on the following grounds : -