The detenu has approached this Court to secure his liberty from detention made under section 3 (2) of the National Security Act, 1980 (shortly "the Act") by the Govern­ment of Assam. By this application for a writ of Habeas Corpus the legality of the order is challenged. We heard the matter at length and by a short order passed on 1.3.83 allowed the petition holding the detention order to be illegal and without jurisdiction and directed release of the detenu. This judgment contains the reasons for our order.

2. It is stated in the petition that on 28.11.82 the detenu was attending with others a meeting of the State Committee of the All Assam Gana Sangram Parishad. The detenu along with others, was "gheraoed" by the police at 11 a. m. when the meeting was in session and eventually at 10.30 p.m. he was arrested and taken to Tezpur Police Station. Next day, on 29.11.82, at 11 a.m. he was produced before the Sub -Divisional Judicial Magis­trate and on his inquiry he was told by the learned Magistrate that the following cases had been registered against him:

(1) G. R. Case No. 1428 of 1982 of Mangaldoi Police Station, under section 4(A) E.S. Act.

(2) G. R. Case No. 1431