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1998 Supreme(Gau) 64

V.DUTTA GYANI, H.K.KUMAR SINGH
Phukan Daimary @ Fungjarang – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
K.P.Sharma, N.Dutta, A.C.Bora, T.J.Mahanta

V. Dutta Gyani, J-

By this petition under Article 226 of the Constitution the petitioner seeks to challenge the detention order dated 5.4.97 as passed against the detenu by the District Magistrate, Nalbari, respondent No.4 in exercise of its power under section 3 (2) of the National Security Act, 1980 (for Short, the Act) and prays tor issuance of a writ of Hebeas Corpus. The impugned order is reproduced herein below for ready reference :

“Whereas, I, Shri B. Bhattacharjee, District Magistrate, Nalbari^have been empowered by the State Govt under section 3 (3) of the National Security Act, 1990 to pass orders of detention under section 3 (2) of the said Act and whereas it has been made to appear to me that the activities of Shri Phukan Daimary @ Fungjarang, son of late Bhoda Daimary of village Teteliguri, District Nalbari are prejudicial to the maintenance of public order being a hardcore BDSF (NDFB) who has been perpetuating reign of terror in the area by indulging in murder, kidnapping and has instigated and abetted as the activities of unlawful organisation to wage war against the State, I, therefore direct that the aforementioned Shri Phukan Daimary @ Fungjarang Daimary, s/o late



















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