JOYANTA BORBORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under S. 482, Cr. P. C. read with Art. 227 of the Constitution filed in respect of Dibrugarh P. S. Case No. 578/90 registered u/S. 3/4/5 of Terrorist and Disruptive Activities (Prevention) Act, 1987. The petitioner has prayed for quashing the entire proceeding and also for setting aside the order dated 26-12-90 passed by the learned Addl. District magistrate, Dibrugarh and also for exemplary cost.

(2.) The petitioner is a lecturer in Sociology Department of Dibrugarh University. According to the petitioner Dr. Dubey who is the head of the said Department wrote a letter dated 27-11-90 to the Vice-Chancellor, Dibrugarh University, Governor and Army implicating the petitioner with the movement of United Liberation Front of Assam. According to the petitioner, it was done with a malafide intention by Dr. Dubey and this act was condemned in the meeting of the teachers. Be that as it may, the petitioner was arrested by the members of the Armed Forces at Dibrugarh on 25-12-90. Thereafter, he was handed over to the police. By the impugned order dated 26-12-90, the learned Additional District Magistrate remanded the petitioner to police custody for 6 days for interrogation and also passed the following orders :

(3.) This court by judgment and order dated 6-6-91 passed in Criminal Revisions Nos. 155 and 157 of 1991 has quoted the law laid down by the Apex Court and has given guidelines to Designated Court and other Courts in respect of the provisions of the Terrorist and Disruptive Activities (Prevention) Act, 1987.