GUNICHARAN DAIMARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) PetitionerTs brother 5ri Biren Daimari was arrested by army authorities on 5.11.199 J in connection with several cases and since then he has been on remand in judicial custody. On 17.3.] 992, 4th Respondent, District Magistrate, Darrang, Mangaldoi ordered under 5ection 3(2) read with 5ection 3(3) of the National security Act, 1980 petitionerTs brotherTs detention with immediate effect stating that he was satisfied that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order it was essential to keep him under detention. Grounds of detention were served on him in jail on 20.3.1992. The order of detention was duly approved by the 5tate Government, confirmed by the Advisory Board and approved by the central Government. The detenuTs brother has filed this habeas corpus petition challenging the detention as illegal. An Under secretary to the Government of Assam in the Political Department has sworn to a counter affidavit on behalf of the 5tate of Assam and the detaining authority. Fourth respondent, the detaining authority, has filed an affidavit. Petitioner has sworn to a separate affidavit furnishing the details of the bail applications and orders passed by the courts concerned.

(2.) The grounds of detention refer to eight cases in which the detune along with other is an accused. The cases relate to various incidents which took place in December 1989, April 1990, 5eptember 1990, November 1990, April 1991, August 1991, October 1991 and November 1991. The cases involve offence of being a member of unlawful assembly, offences under 5ection 326, I.P.C. (3 cases), 302, I.P.C. (4 cases), 380, I.P.C., 365, I.P.C., 384, I.P.C., 394, I.P.C., 398, I.P.C., 3/ 4/5 of TADA (P) Act (6 cases) and provisions of Arms Act (2 cases). The grounds also mention that the detenu along with other persons collected arms, ammunitions and explosives from NSCN sources via Dimapur.

(3.) The affidavit dated 9.2.1993 filed by the petitioner states that in thrce of the cases bail application was filed on 16.9.1992. Learned counsel stated that in these cases bail has since been granted. In three other cases bail applications were filed on 30.9.1992 and in two of the cases bail was granted on 16.1.1993 - and 29.12.1992 respectively and one application is pending.