RAJESH KUMAR BORAH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B.D. Konwar, learned Counsel for the petitioner and Mr. H. Rahman, learned Assistant Solicitor General of India. Also heard Mr. B.J. Talukdar, learned State Counsel.

(2.) This habeas corpus petition has been filed by Sri Rajesh Kumar Borah challenging the order dated 12.10.2005 passed by the District Magistrate, Jorhat in exercise of powers conferred upon him under sub-section (2) of section 3 read with sub-section (3) of section 3 of the National Security Act, 1980 directing that the petitioner be detained for a period of three months with effect from the receipt of this order and until further orders at the Central Jail at Jorhat. The detention order has been challenged on the ground that the Government of Assam has not passed any order under sub-section (3) of section 3 of the National Security Act empowering the District Magistrate to exercise the powers conferred under the said section; that the order is vitiated for non-application of mind on the part of the detaining authority; that there has been abnormal delay in disposing of the representation filed by the detenu to the State as well as Central Government etc.

(3.) Apart from the above pleaded grounds, during the course of argument, Mr. Konwar, learned Counsel for the petitioner submitted that the order of detention is liable to be quashed only on the ground that the detenu has not been informed of his right to make representation against the order of detention to the detaining authority. According to Mr. Konwar, though this ground has not been pleaded in the petition, yet while disposing of a habeas corpus petition, the Court may take notice of any violation or infringement of the constitutional right of the detenu, more particularly when it is a fundamental right.