DHARMESWAR HALOI ALIAS BAITY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. J. Payeng learned counsel appearing for the petitioner (hereinafter referred to as 'the detenu' ). Also heard Mr. P. S. Deka learned counsel representing the State of Assam/official respondent Nos. 2 to 6 and Mr. N. Baruah learned Central Government Counsel ('cgc' for short) on behalf of the Union of India/respondent No. 1.

(2.) THE legality and correctness of the order dated 7. 2. 2008 issued by the District Magistrate, Nalbari in exercise of power under Section 3 of National Security Act, 1980 (for short 'the Act') detaining the detenu Sri Dharmeswar Haloi @ Baity under the Act for his activities being detrimental to the maintenance of public order and security of the country, have been assailed in this Habeas Corpus petition filed by the detenu himself.

(3.) IT is a settled law that when a detenu is detained, he has a fundamental right under Article 22 (5) of the Constitution to make representation before the detaining authority in addition to his right to file representation before the Central Government or the appropriate Government. (See (i) Konsam Brojen Singh @ Basan @ Sekhar @ Suraj @ Sainthel @ Basanta @ Inaotomba Vs. State of Manipur and Ors. reported in 2006 (1) GLT 375 (Full Bench) (ii) Miss Dinali Langthasa Vs. Union of India and Ors. in Case W. P (Crl) No. 9/2008 disposed of on 2. 6. 2008 (iii) Sri Dilip Moran Vs. Union of India in case W. P. (Crl) No. 20 of 2008 disposed of on 27. 8. 2008.)