VILAHENU SMTI Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard Mr. O.K. Misra, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned counsel for the respondent No. 1 and Mr. Dasgupta, learned counsel assisted by Mr. R. Goswami for the respondents 2, 3, and 4.

(2.) Rule was issued on 9.2.2001 and counter on behalf of the respondents have been filed. This being a Habeas Corpus petition challenging the order of detention passed under Section 3(2) of the National Security Act, 1980, we have decided to hear the parties on merit.

(3.) In exercise of power under Section 3(2) of the Act the detenu was detained by order dated 3.1.2001. Along with the order of detention ground of detention has also been served upon the detenu on the same day, i.e. 3.1.2001. Thereafter the appropriate Government by order dated 19.1.2001 approved the detention order passed by the learned District Magistrate, Karbi Anglong on 3.1.2001. This letter has an important bearing and it is extracted :