DUNI RAVA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this habeas corpus application the petitioner questions the validity of his detention under the National Security Act, 1980, for short 'the Act'.

(2.) The relevant facts are that on 8-3-84 when the petitioner was about to be released on bail, pursuant to an order granting him bail in a criminal case, he was served with the order of detention dt. Aug. 10, 1983, passed by the State Government u/s. 3(2) of 'the Act'. The order is extracted below : -

(3.) The grounds of detention spell out that the petitioner was a party to form an underground caucus and decided to recruit volunteers for building up an underground resistance movement through armed actions against the Government. He contacted a person with commando background to build "a guerilla band" and decided to procure large fund, arms and ammunition, to achieve the objectives. To procure fund and arms they resolved to loot banks etc. The petitioner and others armed with stengun, bombs, grenades etc. looted a bank but he was apprehended by some local people and arrested by the police. The case was registered as Kamalpur P.S. Case No. 151 of 1983 for short 'Kamalpur Case'. The detaining authority considered the activities to be prejudicial and his remaining at large posed a direct threat to the security of the State and maintenance of public order, and, accordingly rendered the order.