SUKH RAM RAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this application under Article 226 of the Constitution of India , the detenu/ petitioner, Sukh Ram Rava seeks for an appropriate writ to set aside and quashed the order of detention dated 23.7,20)01 (Annexure -1) as well as the grounds of detention dated 23.7.2001 (Annexure - II) and further to release and set him at liberty forthwith.

(2.) This Court by order dated 1.2.20)02 issued notice after hearing the learmed counsel for the petitioner, the learned Central Govt. Standing Counsel and the learned Govt. Advocate, Assam. The Central Govt. Standing Counsel accepted notice on behalf of the respondent No. 1 and the learned Govt. Advocate, Assam on behalf of the respondent Nos. 2, 3, 4, and 5. On 18.2.2002 time was granted to the learned Additional Senior Govt. Advocate, Assam to file reply as prayed for. When the matter was taken up hearing today as fixed earlier, the learned Additional Senior Govt. Advocate, Assam produced the records pertaining to the impugned detention. However none of the contesting respondents had filed their affidavit -in-opposition. As the Case relates to the preventive detention and the detenu/petitioner had been arrested on 2.1.2001 and is in detention since then , this Court was not inclined to further postponed the hearing. Accordingly the petition was heard on merits.

(3.) We have heard Mr. S. Bharali, learned counsel for the detenu as well as Mrs. A. Hazarika, learned Additional Senior Govt. Advocate , Assam for the respondent No. 2 to 5. None appeared on behalf of the respondent No. 1.