ATUL BORA AND S Vs. DISTRICT MAGISTRATE, KAMRUP

JUDGEMENT

(1.) BY our short order dated Feb. 22, 1983, we directed the release of the detenus, Sri Atul Bora and Sri Biraj Sarma, whose detention under the National Security Act, 1980, was challenged in these two writ petitions. We now proceed to state our reasons.

(2.) AS one question of fact and law involved in these two petitions under Art. 226 of the Constitution is identical with that in Civil Rule (HC) Nos. 18 and 19 of 1983 (reported in 1984 Cri LJ 454), learned counsel of both the parties submitted that our judgment in Civil Rule (HC) Nos. 18, and 19 of 1983 would govern these two petitions. On the submission above, we also directed the detenu Sri Atul Bora and Sri Biraj Sarma to be released forthwith on Feb. 22, 1983. We, however, give briefly facts and law.

(3.) THE detenu, Sri Atul Bora, in Civil Rule (HC) No. 21 of 1983 attended the Executive meeting of the All Assam Gana Sangram Parishad on 19 -11 -82 held in the Gauhati University Students' Day Home under the presidentship of Sri Prafulla Kumar Mahanta, where it was decided to give a call for observance of 24 hours Assam Bandh from 0500 hours of Dec. 2, 1982 to 0500 hours of December 3, 1982. The ground recites that he instigated the Anchalik AH Assam Gana Sangram Parishad Units to resort to picketing at the houses of Government employees, so as to cause obstruction to them from attending to their lawful duties, the observance of the bandh has resulted in causing disruption to the maintenance of supplies and services essential to the community and it has seriously affected the maintenance of public order. As a result of the bandh shops and business establishments remained closed and private transport were off the road; the banking services and the Food Corporation of India could not function properly. The rest of the allegations relate to the, maintenance of public order.