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2007 Supreme(Gau) 806

J.CHELAMESWAR, HRISHIKESH ROY
Robin Dhekial Phukan – Appellant
Versus
Union of India – Respondent


JUDGMENT

Hrishikesh Roy, J.

1. Heard Mr. B.K. Mahajan, learned Counsel, appearing for the petitioner. Also heard Mr. H. Rahman, learned Assistant Solicitor General of India, who represents the Union of India and Ms. S. Sarma, learned State Counsel, who represents the State Government and its authorities.

2. The challenge in the instant case is to an order dated 11.9.2007 passed by District Magistrate, In-Charge, Tinsukia under the provisions of the National Security Act, 1980 (hereinafter called as the "Act"), whereby the petitioner, Robin Dhekial Phukan, is ordered to be detained under the provisions of the Act. The detention order was passed when the detenu was lodged in Dibrugarh Jail, in connection with several cases, where he was charged as an accused.

3. Mr. Mahajan, learned Counsel appearing for the petitioner submits that apart from other grounds, the impugned detention order is challenged on the ground that the detaining authority did not, specifically inform the detenu of his right to make a representation to the detaining authority. It is pointed out that in the detention order, the right of the detenu to make a representation against the order of detention is indicated only














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