NILOY DUTTA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) PETITIONER while under detention under National Security Act (NSA) made an application on 9.3.92 before the Hon'ble the Chief Justice, Gauhati High Court alleging about humiliating treatment meted out to him under detention which trampled his dignity and prestige in the eyes of the public and prayed for instituting an appropriate enquiry so as to identify the guilty officials and award appropriate punishment to such officials.

(2.) AS per the order of the Hn'ble Chief Justice the application was registered as Civil Rule No. 58 (HC) of 1992 and was put up before a Division Bench on 20.3.92. The Division Bench of this Court by order dated 20.3.92 directed to treat the application as writ petition, issued Rule and called for the records, By the said order the Division Bench also directed to treat the Chief Secretary to the Govt. of Assam, The Director General of Police, Assam, the Superintendent of Police, Kamrup, and Officer -in -charge, Panbazar Police Station as Respondents No. 1, 2, 3 and 4 respectively. In this application, the Petitioner has stated that he is a practising Advocate of the Gauhati High Court and also the Convenor of the leading Human Rights Organisation of the Slate of Assam, known as 'Manab Adhikar Sangram Samity', in short MASS. In para 2, 3 and 4 of the said application, the Petitioner has made the allegations as follows:

(3.) RESPONDENTS after receipt of notice filed affidavit -in -opposition. The affidavit -in -opposition has been sworn in by a Under Secretary to the Government of Assam, Political Department, Dispui. In the said affidavit -in -opposition, in reply 10 the allegations made in paragraph 2, 3 and 4 of the application, the Respondent in paragraphs 4, 5 and 6 of their affidavit have contended as follows: