KRISHNA KANTA HAZARIKA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE constitutional validity of the preventive detention of the petitioner under the National Security Act, 1980 (hereinafter referred to as the Act) has been questioned in the instant proceeding. The petitioner has been detained by the order dated 1.11.2003 and is presently lodged in the District Jail (Central Jail), Guwahati, Assam.

(2.) WE have heard Mr. A.M. Buzarbaurah, learned counsel for the petitioner and Mr. S. Ali, Additional Advocate General, Assam, assisted by Miss G. Deka Govt. advocate, Assam for the respondents.

(3.) THE Union of India in its counter has pleaded that the report of the detention was made to it by the Government of Assam on 13.11.03 and that the representation was considered and rejected by order dated 30.12.03. The State respondents while refuting the contentions of the petitioner have maintained that there were sufficient and convincing grounds to pass the order of detention which were furnished to the detenu on the date of his detention. The Government approved the order of detention on 29.12.03 and the decision was communicated to the detenu immediately thereafter. According to them the order of detention was confirmed by the Government on 7.1.2004 after receiving the opinion of the Advisory Board.