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1983 Supreme(Gau) 31

N.IBOTOMBI SINGH, T.N.SINGH
BIPUL MAHANTA – Appellant
Versus
STATE OF ASSAM – Respondent


JUDGEMENT

N. Ibotombi Singh, J. :- This is an application under Art.226 of the Constitution of India for a writ in the nature of Habeas Corpus filed by the detenu, Sri Bipul Mahanta, challenging the order of detention dated 7-1-83, made by the State Government under sub-section (2) of S.3 of the National Security Act, 1980.

2. The detenu is a student of B. Barooah College, Gauhati, and while he was preparing for his B.A. Compartmental Examination as a candidate from B. Barooah College, he was arrested on 5-1-83 under S.151, Cr.P.C. He was lodged in the District Jail, Gauhati and thereafter he has been transferred to Dhubri District Jail, as submitted by the learned counsel for the detenu. On 7-1-83, the order of detention was passed and the grounds were supplied to him on the same day. On the date when the order of detention was made, he was in confinement in jail. The order of detention reads as :

"Whereas Government of Assam are satisfied with respect of the person known as Shri Bipul Mahanta S/o Late Phanidhar Mahanta, Railway Station Colony, Gauhati that with a view to preventing him from acting in a manner prejudicial to maintenance of public order it is necessary to detain him u















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