MAHESWAR BRAHMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Agarwal, learned counsel for the petitioner and Mr. B.C. Das, learned Addl. Sr.Govt.Advocate, Assam and Mr.K.K. Mahanta, learned Sr. Standing Counsel for Union of India, appearing for the respondents.

(2.) This petition is preferred against the order of detention of the detenu, Shri Swamdwn Brahma @ Gendra Brahma @ Samina Brahma, dated 12/3/1999, passed under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act) by the District Magistrate, Bongaigaon. A copy of the order of detention has been annexed as Annexure-1 and the grounds of detention are contained iin Annexure-3 to the writ petition.

(3.) The: order of detention has been challenged on a number of grounds. Firstly, that the documents furnished in support of the grounds of detention are in the languages, namely, English and Assamese, which the detenu does not understand. The other ground of challenge is that the Central Government did not deciide the representation preferred by the detenu. The learned Sr. Standing Counsel for Union f India, however, on the basis of the instructions received informed that the Central Government has also decided and rejected the; representation of the detenu, though it was not incumbent upon it to consider the same. It is also the case of the detenu that some of the documents having material bearing on the merits of the case and as mentioned in the grounds of detention have not been supplied to him. Yet another submission which has been made is that there is nothing to iidicate that the detnue is an active member of the banned National Democratic Front of Bodland(NDFB) and was involved in the activities prejudicial to the maintenance of public ord>2r and the security of the State.