UTTAM HAZARIKA Vs. UNION OF INDIA

JUDGEMENT

(1.) The order dated 2.6.2003 passed by the District Magistrate, Jorhat, in exercise of powers under Section 3(2) of the National Security Act, 1980, (for short the "Act") whereby the petitioner has been detained and his continued detention on the basis thereof is under challenge in the instant petition. The petitioner is presently lodged in the Central Jail, Jorhat.

(2.) We have heard Mr. BD Knowar, learned counsel for the petitioner and Mr. S. Ali, learned Additional Advocate General, Assam. None appeared for the Union of India.

(3.) Shorn of unnecessary details, the relevant facts pleaded by the parties have to be noticed at the outset. It is the case of the petitioner that while he was detained in j ail in connection with some other cases, he was served with the order of detention on the purported ground that it was necessary to prevent him from acting in a manner prejudicial to the security of the State and for maintenance of public order. The grounds of detention were served on him along with the order of detention. Though according to him, the grounds were vague and devoid of material particulars which deprived him of his valuable right to submit an effective representation against the order of detention, nevertheless, he submitted a representation dated 4.6.2003 addressed to the appropriate authority as well as the State Government. The grievance of the petitioner, inter alia, is that though it was incumbent o n the State Government t o consider and dispose of the said representation with utmost expedition it was not so done. Further the representation along with the report relating to the detention together with all material particulars were not forwarded to the Central Government. The petitioner has, therefore, complained that his continued detention is not permissible in view of fail are of the State Government to consider and dispose of the representation without delay and also in view of non-consideration of his representation by the Central Government.