(1.) Heard Mr. A. K. Bhowmik, learned senior counsel assisted by Mr. S. Ghosh and Mr. Mangal Debbarma, learned counsel for the petitioner, Mr. P. K. Biswas, learned Assistant Solicitor General, appearing for the Union of India and Mr. B. Das, learned senior counsel assisted by Mr. N. C. Paul, learned Government Advocate appearing for the respondents No. 2 and 3.
(2.) In present writ petition, the petitioner, the wife of Sri Heba] Abel Koloy alias Holong the detenu has prayed for quashing the detention order dated 19-12-2006 (Annexure 14 to the writ petition) passed by the respondent No. 3, the District Magistrate and Collector, Dhalai District, Ambassa, under Sub-Section (2) of Section 3 read with Sub-section (3) of Section 3 of the National Security Act, 1980 (for short 'the Act' 1980). The said detention order indicates that with a view to prevent the abovementioned detenu from acting in any manner prejudicial to the security of the State and maintenance of public order within the local limits of jurisdiction of the said District Magistrate, it is necessary and expedient to detain the detenu under 'Act, 1980'. For the involvement of the detenu in the referred alleged offences and crimes. The detention order dated 19-12-2006 in question is to take effect from the date on which the detenu was to be released from the judicial custody. The details of the alleged involvement of the detenu in offences and crimes as revealed from the enclosures of Chronology of crimes and grounds for detention are enclosed with detention order dated 19-12-2006, which read as below :
(3.) In the facts and circumstances, the following questions are necessary to be considered :