INDRAJIT BARUAH Vs. STATE OF ASSAM AND ANR.

JUDGEMENT

(1.) HEARD the learned Solicitor -General for the Union of India and the State of Assam. Heard Mr. P. G. Barua, learned counsel for the petitioner. Respectfully perused the order dated 16 -4 -1980 passed by the Hon'ble Supreme Court in Special Leave Petition (Civil) No. 4377 of 1980. Perused the impugned order dated 7 -4 -1980 granting ex parte stay in Civil Rule No. 182 of 1980,

(2.) THE petitioner in Civil Rule No. 182 of 1980 impugns the two notifications, namely, PLA. 20/80/19 and PLA, 20/80/20 dated 5 -4 -1980. The petitioner also challenges the vires of the Assam Act 19 of 1955, the Assam Disturbed Areas Act, 1955, and the Armed Forces (Assam and Manipur) Special Powers Act, 1958 as amended by Armed Forces (Assam and Manipur) Special Powers (Amendment) Act 1972, on which the two impugned notifications are based. The following are the texts of the two notifications:

(3.) THE learned Solicitor -General fairly confines himself to two questions, namely, prima facie case and the balance of convenience, and takes me through the materials placed before the Hon'ble Supreme Court in the Special Leave petition. On the basis of these materials as also the materials appearing in the writ petition as well as the affidavits, it is submitted, inter alia, that there is a prima facie case justifying the issue of the impugned notifications on the basis of the provisions of the two Acts, in view of the disturbance in public order and as an anticipatory and preventive measure. The provisions of the Act do not suffer from any repugnancy to the provisions of the Constitution and the notifications being based thereupon, cannot be assailed.