LAWS(GAU)-1998-3-28

PHUKANDAIMARY ALIAS FUNGJARANG Vs. STATE OF ASSAM

Decided On March 07, 1998
PHUKANDAIMARY @FUNGJARANG Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution the petitioner seeks to challenge the detention order dated 5.4.97 as passed against the detenue by the District Magistrate, Nalbari, respondent No. 4 in exercise of its power under Section 3(2) of the National Security Ad, 1980 (for short, the Act) and prays for issuance of a writ of Habeas Corpus. The impugned] order is reproduced herein below for ready reference.

(2.) The detenu is stated to be a hard core activist of BDSF (NDFB). Mr. Dutta, learned counsel appearing for the petitioner has raised the following grounds :

(3.) Learned Additional Advocate General Mr. Bora on the other hand maintained that all the procedural safeguards have been complied with and there was no delay in considering the detenu's representation, the same stand taken by the learned Standing Counsel for Union of India.