ABANI KALITA Vs. STATE OF ASAM

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the detenu/petitioner challanges his detention order dated 10.4.97 (Annexure- A) passed by the District Magistrate, Kamrup, Guwahati, in exercise of his powers under Section 3(2) of the National Security Act,1980 (hereinafter referred to as the Act) and prays for issuance of a writ of Habeas Corpus. The grounds of detention as furnished to the detenu, Annexura-B, are as follows:

(2.) We have beared Mr. N. Dutta, learned counsel for the petitioner, Mr. A.C. Bora, learned Addl. Advocate General appearing for the respondent State and Mr. K.P. Sarma, learned Addl. Sr. Central Govt. Standing Counsel appearing for the Union of India.

(3.) Mr. N. Outta, learned counsel appearing for the detenu/petitioner has challenged the detention order,Annexure-A, on the ground that the basic facts and materials Constituting the grounds of detention, as set forth above, despite being specifically asked for by the detenu vide his representation dated 22.4.97 were not supplied to him, thus depriving him of a valuable right to make an effective meaningful representation against the order of detention. Learned Additional Advocate General,Mr. A.C. Bora, appearing for the respondent State, on the other hand, contended that the facts as enumerated in the grounds of detention, Annexure-B, are mere references to the cases as registered against the detenu. It was not,therefore, incumbent on the detaining authority to have supplied the materials as claimed by him .