ASHISH GUPTA Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) In this application under Art. 226 of the Constitution of India, the petitioner has complained that Shri Ajit Kumar Bhuyan was handcuffed in violation of Articles 14, 19 and 21 of the Constitution while he was taken from Chandmari Police Station to Subsidiary Jail at Missa on 6.3.92 in execution of the detention order made under the National Security Act by the Government of Assam on 5.3.92 directing that Shri Ajit Kumar Bhuyan be detained in the Subsidiary Jail at Missa with a view to preventing him from acting in any manner prejudicial to the security of the State and maintenance of public order. The respondents deny that Shri Bhuyan was handcuffed.

(2.) The question which arises for consideration is whether Shri Ajit Kumar Bhuyan was handcuffed while he was sent from Chandmari Police Station to Subsidiary Jail at Missa.

(3.) Normally, the High Court should make the enquiry directly. But, there are some cases where the High Court finds it difficult to make enquiry or investigation directly, difficulty in taking evidence without which the question cannot be satisfactorily decided, for example in this case, considering the facts and circumstances of the case, under order dated 11.5.92 the Chief Judicial Magistrate, Guwahati was directed to make an enquiry into the question as to whether Shri Bhuyan was handcuffed while he was sent from Chandmari Police Station to Subsidiary Jail at Missa on 6.3.92. The enquiry report of the Chief Judicial Magistrate indicates that Shri Bhuyan was handcuffed while he was taken from the Police Station to Subsidiary Jail by bus. A copy of the report was furnished to the learned counsel for the parties and the respondents were asked to say their say. No objection came from the respondents side. It is, therefore, held that Shri Bhuyan was handcuffed when he was taken to Subsidiary Jail at Missa.