BASI SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner has been detained under Section 3(2) of the National Security Ordinance, 1980, for short "the Ordinance". The crux of the order of detention against him is that his activities were prejudicial to the security of the State as he had entered into a conspiracy to over throw the Government by Armed Rebellion with intent to secede from the Union of India; the activities of the detenu were of grave and serious in nature and character which led the detaining authority (Government of Assam) to make the order of detention on a reasonable prognosis of future behaviours of the petitioner.

(2.) THE petitioner, an auto -rickshaw driver of Manipuri Basti, Gauhati, was arrested by police on 9.8.1980 in connection with Gauhati Police Case No. 176(7) of 1980 under Sections 121 -A/124 -A, I.P.C. on suspicion that he was in "hand and gloves" with "PREPAK" and "United People's Liberation Army of Seven States" for short 'UPLASS', with a transit camp at Beltola. The petitioner was a close associate of the absconding accused Sri Rajesh alias Nimesh. The said Nimesh also used to organise Armed Training at Basistha Hill. The transit camp at Beltola was searched and some incriminating documents had been seized (vide Annexure -I to the petition - the Forwarding Note of the Police in the case). The petitioner was produced before the Chief Judicial Magistrate, Gauhati. He was granted bail on 7.11.1980, on the expiry of 90 days, as no charge -sheet could be submitted by police against him. The order of detention was served upon the petitioner on 7.11.1980. The petitioner contends that it was served while he was in Jail whereas the State in its counter -affirms that the order was served just after the release of the petitioner outside the jail gate (vide para 3 of the Affidavit -in -opposition). Along with the order of detention he was served with "the Grounds of detention". The order of detention was made by the State Government on 15.10.1980. The State Government forwarded the order of detention along with the grounds to the Central Government as required under Section 3(5) of "the Ordinance". On 24.11.1980 the detenu submitted a long and exhaustive representation. He expressed no difficulty in understanding the meaning of the abbreviated word "PREPAK", nor did he ask for furnishing him particulars about the time, place etc. His prayer in the representation reads as follows : -

(3.) IT has not been questioned as it was beyond question that the Central Government in exercise of its power under the Unlawful Activities (Prevention) Act, 1967, hereinafter referred as "the Act", declared the Revolutionary People's Front. (formerly known as the Armed Revolutionary Government of Manipur), in short styled as "RPF" the People's Liberation Army, People's Revolutionary Party of Kangleipak, shortly described as "PREPAK" and the Red Army, all belonging to the Meitei Extremists Organisation and other Bodies set up by them including the Armed Forces, named above, were "unlawful associations", who had (1) openly declared as their objectives, the formation of an independent Manipur and resorted to violent activities in pursuance of their objectives and bringing about secession of the said State from the Union of India; (2) employed Armed forces, namely, People's Liberation Army and Red Army and other bodies set up by them to achieve their aforesaid objectives; (3) in furtherance of their aforesaid objectives, employed their armed forces in attacking the security forces and the Civil Government and the citizens in the state of Manipur and indulging in acts of looting and intimidation against civilian population and collection of funds for their organisation and in order to achieve their aforesaid objectives, maintained contact with foreign countries through their organisation with a view to securing assistance by way of arms training etc. and had secured such assistance. The said notification was published in the Gazette of India, Extraordinary, October 26, 1979, Part - II, Section 3, Sub -Section (ii) all pages 1061 and 1062. The action of the Government was found to be justified by the Tribunal constituted under the Act. Therefore, "PREPAK" is one of the assemblies declared to be so, under "the Act". Any member of the Organisation carries with him the stigma that he is a member of a secession 1st organisation. The term "PREPAK" is well known as the notifications were duly published and the objectives of the organisation were made clear in the Gazette Notification, the detenu had no difficulty in understanding the meaning of the term and in fact he did not express any such difficulty to understand the meaning. Secession from India is one of the objectives of the "PREPAK".