MD FAZIR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a Habeas Corpus Petition under Article 226 of the Constitution, by the petitioner who has been detained in connection with Nagaon Police Station Case No. 617/90 (G .R. Case No. 1733/90) Petitioner has stated that he is a permanent resident of Morigaon within the district of Nagaon, Assam and he is aged about18 years and is a regular student of 1st year Pre-Degree Course of Nagaon College. According to petitioner, he is no way connected with any anti-social activities at any point of time and he has not participated at any agitational activities. A certificate from the Principal of Nagaon College has been annexed at Annexure1. He is a boarder of College Hostel and on 3112-1990 at about 8 P.M. without any rhyme or reason, the petitioner was picked up by police of Nagaon. Police Station and thereafter he was arrested and detained. He was not informed of the ground of arrest and after enquiry he could ascertain about the FIR dated 20-11-1990, a copy of which has been annexed at Annexure-3. The certificate, issued by the Hostel Superintendent is at Annexure-2. From the FIR it appears that the case was registered under Section 385/ 506/34, IPC read with Section 3/4 of the Terrorist and Disruptive Activities (prevention) Act, 1987. According to petitioner there is no ground for his detention and hence the present petition.

(2.) Rule was issued on 21-3-1991 returnable within 2 weeks and notice was accepted by the learned Govt. Advocate. But no counter was filed on behalf of the respondents. Only at the time of hearing Mr. Laskar, learned Addl. Advocate General has stated that the original case diary would be handed over to this court, which has been done. At the time of hearing learned counsel for the petitioner also filed a copy of the W.T. Message stating that the petitioner has not been arrested in any case. The W.T. Message was sent by Officer in Charge, Nagaon Police Station to the Superintendent of Police, Gauhati.

(3.) A Division Bench of this Court by Judgment dated 18-3-1991 passed in Civil Rule, (H.C.) No.7 of 1991 held that the High Court has got jurisdiction under Article 226 of the Constitution to grant appropriate relief even if a person is detained under the provisions of the Terrorist and Disruptive Activities (prevention) Act, 1987. In that case petitioner was released forthwith. In Usmanbhai Dawoodbhai Mcmon & Ors. v. State of Gujarat, A.I.R. 1988 S.C. 922 the apex court observed as follows: