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1994 Supreme(Ori) 154

ANOOP V.MOHTA, ARIJIT PASAYAT
BABULA ALIAS AJIT PAL – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
A.B.MISHRA, B.K.NAYAK, B.PANDE, D.PANDA, J.RATH

PASAYAT, J.

( 1 ) BBULA alias Ajit Pal (hereinafter referred to as 'detenu') has filed this application under Article, 226 of the Constitution of India, 1950 seeking issuance of a writ of habeas corpus, quashing order of detention dated 6-3-1994 passed by the District Magistrate, Cuttack, in exercise of powers conferred by Sub-Section (2) of Section 3 of the National Security Act, 1980 (hereinafter referred to as 'act' ). The order of detention was passed with a view to preventing the detenu from acting any manner prejudicial to the maintenance of public order and directing him to be interned in the Circle Jail, Choudwar, in pursuance of the said mittimus.

( 2 ) GROUNDS necessitating detention as de tailed in the grounds of detention are as follows. On 2-3-1994 at about 4. 45 p. m. the detenu along with one of his associates entered into the City Hospital, Cuttack. He assaulted Sri Bipinbehari Mohapatra, Stenographer to the Chief District Medical Officer, Cuttack and snatched away his wrist watch and cash. He moved inside the City Hospital shouting at the Chief District Medical Officer and other employees of the Hospital and threatened to take away their lives. To terrorise the e







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