BIJAYA KUMAR SWAIN @ BHANJ Vs. UNION OF INDIA

JUDGEMENT

(1.) THE order of detention dated 26.2.2008 passed by the District Magistrate -cum -Collector, Puri, Opposite Party No. 3, under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as 'the Act') is under challenge in this habeas corpus petition filed by the Petitioner under Article 226 of the Constitution of India.

(2.) BRIEF facts giving rise to this habeas corpus petition are that after Opposite Party No. 3 -District Magistrate -cum -Collector, Puri passed the order of detention dated 26.2.2008 of the Act against the Petitioner, the State Government vide Order Dated 18.4.2008 confirmed the same for a period of 12 months from the date of detention in the district jail until further orders. The Petitioner was inside the jail custody when the aforesaid order was passed as he was arrayed as an accused in connection with Puri Town PS. Case No. 47/2008 dated 4.2.2008 under Sections 341/323/294/379/34 IPC. Another case was also registered against the Petitioner on the same day, i.e. Puri Town PS. Case No. 48/2008 under Sections 432/341/323/294/506/34 IPC.The Petitioner surrendered before the Learned S.D.J.M., Puri on 15.2.2008 and was released on bail on 16.2.2008. However, before the Petitioner was released from the custody, it was intimated to the Learned S.D.J.M. that another case being Kumbharapada P.S. Case No. 27 of 2008 had been registered under Sections 341/363/307/294/34 IPC. Therefore, the Petitioner was remanded to jail custody in spite of the bail granted on 16.2.2008. Thereafter the Petitioner filed an application for bail before the Sessions Court, Puri which was registered as Bail Application No. 121 of 2008. During pendency of the said application, the impugned order of detention was passed against the Petitioner.

(3.) APART from the above, Puri Town P.S. Case No. 48 of 2008 'disclosed the criminal and antisocial activities of the Petitioner which were very detrimental to the maintenance of public order and tranquility in the area. On the same day i.e. 4.2.2008 at about 7 p.m. the Petitioner along with others also assaulted one Rakesh Kumar Mohanty, who is running his timber business near Ramji Muth of Bali Sahi, by dragging him out of the timber depot and assaulting him on his hands and legs by means of cricket stump and wooden plank. Thereafter, he assaulted him severely by violent kicks and fist blows terrorizing the innocent general public of the locality who were moving on the road and threatened not to report before the police or else to face with dire consequences. The Petitioner made representation to the State Government on 19.3.2008 and the same was rejected by the State Government on 2.4.2008. Thereafter, the Petitioner made representation to the Central Government and vide letter dated 21.4.2008 it was intimated to the Petitioner that his representation had been rejected by the Government of India.