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1981 Supreme(Gau) 30

K.LAHIRI, L.PATHAK
BHUPEN DEKA – Appellant
Versus
STATE OF ASSAM – Respondent


JUDGEMENT

Lahiri, J. :- In this habeas corpus application, the petitioner questions his detention under Sec. 3 of the National Security Ordinance, 1980, "the Ordinance" hereinafter. The petitioner has been detained "to preventing him from acting in any manner prejudicial to the maintenance of public order/to the maintenance of supply and services essential to the community". These are the two purposes for detention. The grounds are as follows :-

"Shri Bhupen Deka, aged about 24 years, s/o Shri Rajma Deka of L.D. Road, Tezpur Town is a P.U. 2nd year College Student. He is the President of Tezpur Anchalik Chatra Santha. He has been playing a leading role in the current agitation and he has been organising 'Satyagraha' 'Bhundh' Picketing of Govt. offices etc. from time to time, during the past one year. Such 'Satyagraha', 'Bundh', Picketing etc. have been disturbing public order and also disrupting the supply and services essential to the community.

For his prejudicial activities, order for his detention was issued under the Assam Preventive Detention Ordinance, 1980, on 18-4-80. He however evaded service of the order till 17-5-80 when he was detained.

He resorted to hunger strike in Jail













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