LAWS(GAU)-2017-12-10

AKHIL GOGOI Vs. STATE OF ASSAM

Decided On December 21, 2017
Akhil Gogoi Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) By the order of detention dated 24.9.2017 of the District Magistrate Nagaon, the petitioner Sri Akhil Gogoi has been detained in custody under Sections 3(3) of the National Security Act, 1980. On 24.09.2017 itself, the order of detention dated 24.09.2017 as well as the grounds of detention contained in the communication also dated 24.09.2017 were served on the petitioner.

(2.) The order of detention provides that the detaining authority being the District Magistrate, Nagaon was satisfied that the petitioner had been actively abetting/instigating/provoking/motivating and conspiring to wage war against the State on certain counts as indicated therein. Accordingly, in exercise of the powers under Section 3(3) of the National Security Act, 1980, the detaining authority directs that the petitioner who was in judicial custody in the District Jail at Dibrugarh be detained with immediate effect in the District Jail Dibrugarh under the National Security Act, 1980.

(3.) The petitioner accordingly submitted a representation against the order of detention on 27.09.2017 which was addressed to the Principal Secretary to the Govt. of Assam in the Home and Political Department, as well as to the Chairman of the Advisory Board for Assam under the National Security Act. The representation was received by the Asst. Jailor of Central Jail Dibrugarh on 27.09.2017.