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1983 Supreme(Gau) 77

B.L.HANSARIA, T.N.SINGH
JYOTI PRASAD BARUAH – Appellant
Versus
STATE OF ASSAM – Respondent


JUDGEMENT

Hansaria, J.:- Both these petitions relate to one detenu; Rule in one was issued having received a communication from jail, and the other is a regular petition challenging the detention under the provisions of the National Security. Act, 1980, hereinafter the Act.

2. We have been called upon to adjudge the legality of an order passed on 19-2-83, the grounds of which are dated 23-2-83 and read:-

"On Feb. 12, 1983 at about 23.30 hours you along with Phatik Bora and Ghana Bakalial laid an ambush to a C. R. P. F. foot patrol by concealing yourselves behind boundary wall of H. F. C. Namrup L. P. School and attacked the CRPF party by throwing a bomb first and then one round of fire from a stengun. When the C. R. P. F. made counter-attack your two associates fled away and you were caught red-handed with a stengun, two magazines with 31 rounds ammunition, and three hand bombs.

Your activity described above is prejudicial to the maintenance of public order and your detention is immediately necessary."

3. Shri Medhi appearing for the petitioner contends that though the allegations are serious, this may not weigh with us inasmuch as even a bully or a bad character is entitled to as much



































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