NSA DETENTION- LEGAL OBLIGATION IN SUCH CASES MUST BE DISCHARGED WITH 'GREAT SENSE OF RESPONSIBILITY'

NSA DETENTION- 'LEGAL OBLIGATION IN SUCH CASES MUST BE DISCHARGED WITH 'GREAT SENSE OF RESPONSIBILITY'

22nd December

The Bench of Justice S. K. Panigrahi and Justice Sanju Panda of Orissa High court quashed the order of preventive detention under the National Security Act (NSA) of one Sk Mabud, the Orissa High Court last week declared that the legal responsibility in cases related to Detention under National Security Act needs to be settled with a great sense of responsibility.

The court observed that "The execution of that power of preventive detention must be with proper caution and due care. In an administration of constitutional governance, it demands the understanding between those who exercise power and the people over whom or in respect of whom such power is exercised."

A Criminal Writ Petition was filed by the Sk. Mabud against the order of detention dated 12.02.2020 passed by the District Magistrate, Balasore under Section 3 (2) of the National Security Act, 1980. He claimed that the detaining authority while presenting the report against the detainee didn't reveal the basic facts, material particulars that led to the passing of an order of detention.