TILAK BARMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The preventive detention of the petitioner following the order dated 17.7.2004 passed by the District Magistrate, Kamrup (Metropolitan), Guwahati, under the National Security Act, 1980 (hereafter referred to as the Act) is in challenge in the instant proceeding.

(2.) We have heard Mr. NNB Choudhuiy, learned Counsel for the petitioner, Mr. B. Chodhury, Additional Sr. Govt. Advocate, Assam for the State respondents and Mr. M Bora, Additional CGSC for the Union of India.

(3.) The bare facts indispensably necessary for disposing of the petition have to be stated. The petitioner who was on 12.6.2004 arrested in connection with Noonmati P.S. Case No. 166/2004 and lodged in^the Central Jail, Guwahati, was served with an order off detention dated 17.7.2004 under the act as. aforementioned. The grounds of detention were also served on the same date i.e. 17.7.2004. He thereafter submitted a representation against his detention on 12.8.2004. His representation was addressed to the Commissioner to the Govt. of Assam, Department of Home and Political, Dispur, Guwahati, as well as the Secretary to the Govt. of India, Ministry of Home Affairs, New Delhi and was routed through the Superintendent of Jail, Guwahati. In the meantime, his detention was approved on 23.7.2004 and subsequent to the opinion rendered by the Advisory Board on 29.8.2004 upholding the detention, his representation was rejected by the State Govt. on 2.9.2004. His detention was confirmed by the State Govt. on 4.9.2004 for a period of 12 months w.e.f. the date of detention.