HARICHARAN SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this Habeas Corpus petition Mr. A. K. Bhattacharyya, the learned counsel for the petitioner has raised a substantial question of law relating to the mandatory provisions of S. 3(5) read with S. 14 of the National Security Act, 1980 (for short, 'the Act'). The learned counsel has further urged that if on this substantial legal point the petitioner succeeds it would not be necessary for us to enter into other matter relating to the grounds of detention.

(2.) At the outset we would like to note that the petition was moved in this Court on 9-4-1985 and the Rule was made returnable within 3 weeks. On 1-5-85 two separate affidavits-in-opposition on behalf of respondents No. 1 and 3 respectively, were filed. On 20-5-1985 respondent No. 2 submitted their affidavits-in-opposition in Court. While the case was posted on 20-5-1985 for hearing Mr. Ali, the learned Standing Counsel, Central Government, prayed for time to produce the record. He was allowed 2 days' time to produce the record. However, Mr. Ali has submitted before us that it was not possible for him to procure the records within such a short period. Therefore, the learned counsel insisted to consider the affidavit-in-opposition filed by respondent No. 2 on the points as raised by Mr. Bhattacharyya, the learned counsel for the petitioner. In para 22 of the petition the petitioner has stated-

(3.) The main thrust of argument of Mr. Bhattacharyya, the learned counsel for the petitioner is that while considering the order of detention under S. 14 of the Act, it is obligatory on the part of the Central Government to consider the report as regards the detention of the detenu, the grounds for such detention and other necessary particulars connected thereto. It is also obligatory on the part of the detaining authority to send the report together with the grounds of detention and otter necessary particulars connected thereto to the Central Government under S. 3(5) of the Act within the time bound period as prescribed therein and the Central Government must consider the report, the grounds of detention and other necessary papers, if there be any, and to pass appropriate order under S. 14 of the Act. The Central Government may, after consideration of those, consider the representation, if made by the petitioner, and pass an order under S. 14 of the Act either to confirm, vary or revoke the order of detention. To appreciate the contention of Mr. Bhattacharyya, we feel it necessary to quote the relevant provisions of S. 3(5) as well as S. 14 of the Act.