LAWS(GAU)-1983-5-8

LALIT RAJKHOWA Vs. STATE OF ASSAM

Decided On May 02, 1983
Lalit Rajkhowa Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) THE petitioner has been detained by the State Government under Section 3(2) of the National Security Act, 1980, for short "the Act" for preventing him from acting in any manner prejudicial to (1) the maintenance of "public order", and (2) the supplies and services essential to the community. The petitioner has questioned the validity of his detention in this Habeas Corpus application.

(2.) THE competent authority may detain any person under the Act on the basis of "subjective satisfaction" reached by it However, the power of detention is limited to certain activities only, namely, if the activities are prejudicial to the security of the State and/or prejudicial to public order and/or prejudicial to the maintenance of supplies and services essential to the community. This is a preventive measure and detention is permissible even on the subjective satisfaction of the detaining authority.

(3.) THE petitioner has questioned the validity of the detention and complains, inter alia, that the grounds are non -existent, there is total non -application of the mind of the detaining authority and it has acted in excess of power which the legislature confided in it.