DEBAJYOTI MAZUMDAR Vs. STATE ASSAM

JUDGEMENT

(1.) .By these petitions under Article 226 of the Constitution of India the detenus' Pranab Bora through the petitioner Ranjit Bora and detenue Naren Neog through the petitioner Debajyoti Mazumdar, seeks to challenge the fresh orders of detention dated 16.10.97 (Annexure-D) passed against them by the respondent No. 4, the District Magistrate, Nagaon, resusciated and refurbished by the fresh grounds of detention as contained in Annexure-E.

(2.) Both these petitions were- heard together as they involve common questions of law. The arguments advanced are common and even in respect of basic facts, there is a striking similarity. The detaining authority is common to both. Even the earlier order of detention as passed on 7.3.97 filed as Annexure-A, was passed by the same detaining authority on the same date and their respective petitions Civil Rule (HC) No. 57/97 and Civil Rule (HC) No. 56/97 were also decided by this Court on the same date i.e. 23.6.97 although by separate judgments. These judgments are filed as Annexure-C to the petitions. These judgments are also reported in Pranab Bora v. State of Assam and Naren Neog v. State of Assam. Since the questions of law involved in both these petitions are common and it is essentially on these questions of law that the petitions are being decided (both these petitions are being disposed) by a common judgment.

(3.) The impugned order of detention dated 16.10.97 (Annexure-D) which is almost identical except for the change of names of the detenus, is reproduced hereunder for ready reference: "Perused the dossier and report of the S.P. Nagaon (Assam) as well as all supporting documents listed in the report of the S.P. Nagaon, Assam and whereas after careful perusal, I am satisfied that the person known as Sri Pranab Bora @ Swapnil Deka Raja s/o Mukunda Bora of village Kacharigaon, Purana Kaki, P.S. Kaki, Nagaon, Assam is acting in a manner prejudicial to the security of the State and maintenance of public order and that it is imperative to detain him under public order and that it is imperative to detain him under the National Security Act, 1980 in the interest of security of the State and maintenance of public order. 1, Shri S. Abbasi, IAS, District Magistrate, Nagaon, Assam therefore in exercise of the powers conferred under sub-section (2) of the Section 3 of the National Security Act, 1980 direct that the said Sri Pranab Bora @ Swapnil Deka Raja s/o Mukunda Bora of village Kacharigaon, Purana Kaki, P.S. Kaki; Nagaon, Assam be detained in the special jail, Nagaon. This order is passed while the said Sri Pranab Bora is in custody as I am satisfied that there is every likelihood of his release and I am satisfied that he would continue his activities which are inimical to the security of the State and against public order as soon as he is released from custody. Sri Pranab Bora @ Swapnil Deka Raja s/o Mukunda Bora is to be given a copy of the Grounds of Detention along with a copy of the Dossier and report of the Superintendent of Police, Nagaon, Assam as well as copy of all supporting documents mentioned in the report of the Superintendent of Police: Sd/- (S. Abbasi, IAS) District Magistrate, Nagaon, Assam.