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