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1984 Supreme(Gau) 6

K.LAHIRI, N.IBOTOMBI SINGH, B.L.HANSARIA, S.M.ALI, T.N.SINGH
HITENDRA NATH GOSWAMI – Appellant
Versus
STATE OF ASSAM – Respondent


JUDGEMENT

N. Ibotombi Singh, J.: - A question of law of general importance about the interpretation of S. 14(1) National Security Act, 1980, read with S. 3(5) of the Act, has been referred by the Division Bench to a larger Bench for determination, the question being "whether on the report from the State Government under S. 3(5) National Security Act, 1980, the Central Government has the discretion coupled with duty to consider the question of revocation of detention order expeditiously, irrespective of the fact that there is no representation/petition from the detenu to the Central Government for the purpose".

2. In the case out of which the question above has arisen, the detenu, Sri Hitendra Nath Goswami, was detained by order dt. 5-1-83 of the State Government passed, in pursuance of S. 3(2) of the Act. The State Government reported the fact of detention to the Central Government together with the grounds on which the order has been made, within 7 days of the order of detention, in compliance with sub-s. (5) of S. 3 of the Act. The detenu, Sri Hitendra Nath Goswami, made no representation to the Central Government (Sic) received the report on 28-1-83, considered and found it prima














































































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