LAWS(GAU)-2005-3-37

SAYED SABIR AHMED Vs. UNION OF INDIA

Decided On March 29, 2005
SAYED SABER AHMED Appellant
V/S
UNIDN OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. P. C. Dey, learned counsel for the petitioner. Also heard Mr. K. N. Choudhury, learned Addl. Advocate General, Assam assisted by Mr. BJ Talukdar, learned Government Advocate and Mr. K K. Gogoi, learned Central Government Standing Counsel.

(2.) This Habeas Corpus petition under Article 226 is directed against the order dated 14.8.2004 passed by the District Magistrate, Nagaon under sub-section (2) of Section 3 of the National Security Act, 1980, (hereinafter referred to as the 'Act') detaining the petitioner Shri Sayed Sabir Ahmed in custody for a period of three months from the date when the order of detention was served upon him. The order of detention has been passed on the ground that the petitioner is involved in various criminal activities including explosion of bomb rendering the society unsafe. The order of detention further shows that the detenu was in custody in connection with other criminal cases and the detaining authority was aware of this fact.

(3.) The aforesaid order of detention has been challenged on various grounds of which only the following grounds have been relied upon by Mr. P.C. Dey, learned counsel for the petitioner: