ARUN SAIKIA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Sri. B. K. Mahajan, learned counsel for the petitioner/detenu; Sri R. K. Adhikary, learned Government Advocate, Assam and Sri N. Baruah, learned Central Government counsel.

(2.) THE challenge in this habeas corpus petition is against an order dated 07.08.2009 passed by the District Magistrate, Tinsukia under Section 3(2) read with Section 3(3) of the National Security Act, 1980 detaining the petitioner under the provisions of the said Act with immediate effect. THE said order of detention has, in the meantime, been approved by the State Government as required under the provisions of Section 3(4) of the Act.

(3.) THE petitioner who was detained under the provisions of the Act on 07.08.2009 was furnished with the grounds for detention on the same day. On 21.08.2009, he filed a representation seeking his release and for revocation of the detention order, inter alia, to the State Government as well as the Central Government. THE said representation was also addressed to the detaining authority and was submitted through the Superintendent, Central Jail, Dibrugarh. THE materials on record indicate that the representation was received by the office of the District Magistrate, Tinsukia on the very day itself i.e. 21.08.2009. THEreafter, it was sent to the State Govern-ment and was received by the competent authority of the State Government on 27.08.2009. THE State Government forwarded a copy of the representation to the Central Government on 29.08.2009 and was received by the competent authority of the Central Government on 07.09.2009, whereafter, parawise comments were sought by the Central Government which were received on 15.09.2009. While the State Government disposed of the representation by an order of rejection dated 28.09.2009, the Central Government had rejected the representation on 18.09.2009.