SILVISTER NARZARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The detenue Sri Silvister Narzary @ Swmwndew Narzary @ Chaya Narzary, son of Luis Narzary is currently detained under an order of detention issued under Section 3(2) read with Section 3(3) of the National Security Act, 1980. On 3rd April, 1997 the learned District Magistrate, Sonitpur issued order of detention under the aforesaid provisions of law which was to continue until further order. Grounds of detention were also furnished to the detenue.

(2.) By another order issued on 10th April, 1997, the Additional Chief Secretary and Principal Secretary, Govt. of Assam, Governor of Assam was pleased to approve the order of detention dated 3rd April, 1997 passed by the District Magistrate, Sonitpur and it was further ordered that the detenue be detained in the Tezpur District Jail. In exercise of the powers conferred by sub-section (1) of Section 12 of the National Security Act, 1980, an order was issued on 5th May, 1997 by the Additional Chief Secretary that the Governor of Assam "on the report of the Advisory Board is pleased to confirm the detention order No.SCL. 5/97/134 dated 3.4.97 passed by the District Magistrate, of the Sonitpur District, detaining Shri Silvister Narzary @ Swmwndew Narzary @ Chaya Narzary, S/O Luis Narzary of village Bitni Auzonguli, P.S. Bijni in the Dist. of Bongaigaon and to direct that the said Shri Silvister Narzary @ Swmwndew Narzary be detained in the Dist. Jail, Sonitpur for a period of 12 (twelve) months with effect from the date of service of order of detention."

(3.) The detenue made a representation on 19.5.97 against the order of detention to the detaining authority as well as to the Govt. of India, the Govt. of Assam and the Advisory Board through the Superintendent, District Jail, Guwahati. The said representation was rejected by the Govt. of Assam by order issued in this regard on 5th June, 1997. Order reads: