SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2008 Supreme(Gau) 717

AFTAB H.SAIKIA, ANIMA HAZARIKA
Dharmeswar Haloi @ Baity – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: S. Sinha, J. Payeng, J. Kalita and M.K. Boro, Advs.
For Respondents/Defendant: P.S. Deka and N. Baruah, Advs.

JUDGMENT

Aftab H. Saikia, J.

1. Heard Mr. J. Payeng learned Counsel appearing for the Petitioner (hereinafter referred to as 'the detenu'). Also heard Mr. P.S. Deka learned Counsel representing the State of Assam/official Respondent Nos. 2 to 6 and Mr. N. Baruah learned Central Government Counsel ('CGC' for short) on behalf of the Union of India/Respondent No. 1.

2. The legality and correctness of the order dated 7.2.2008 issued by the District Magistrate, Nalbari in exercise of power under Section 3 of National Security Act, 1980 (for short 'the Act') detaining the detenu Sri Dharmeswar Haloi @ Baity under the Act for his activities being detrimental to the maintenance of public order and security of the country, have been assailed in this Habeas Corpus petition filed by the detenu himself.

3. The detenu has basically challenged the order on two grounds:

(1) The detaining authority by the impugned detention order failed to inform the detenu as regards his right to file representation before the detaining authority and the same is evident from the impugned detention order itself as well as grounds of detention furnished to the detenu.

(2) There was an inordinate unexplained delay in disp





























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top