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AJIT BORTHAKUR
Kowstova Buragohain, S/O. Sri Pradip Buragohain – Appellant
Versus
State of Assam and Rep. by the Chief Secretary – Respondent
JUDGMENT :
Heard Mr. A.K. Bhuyan, learned Counsel appearing for the petitioner. Also heard Mr. D. Nath, learned Sr. Govt. Advocate, Assam appearing for the respondents/State of Assam and on request, Mr. M. Phukan, learned Public Prosecutor, Gauhati High Court.
2. The scanned copy of the record of G.R. Case No. 19416/2021 along with the case diary of Fatasil Ambari P.S. Case No. 817/2021 is placed before the Court in sealed cover.
RELIEF SOUGHT:
3. By this petition under Article 226 of the Constitution of India, the petitioner, who is the son of a detenue namely Shri Pradip Buragohain, is seeking direction to forthwith set his father at liberty from illegal detention and to issue a writ in the nature of Certiorari declaring the remand order, dated 17.12.2021, passed by the learned Sub-Divisional Judicial Magistrate (S), Kamrup (M) at Guwahati in connection with Fatasil Ambari P.S. Case No. 817/2021 and all its consequential remand orders as unconstitutional and illegal with adequate compensation.
PETIITONER’S GRIEVANCES:
4. The petitioner contended that his father, who was the General Secretary of the Assam Cricket Association (For short ‘ACA’) has been detained since the Officer-in-Charg
when a suspect is arrested and produced before a Magistrate for authorising detention, the Magistrate has to address the question whether specific reasons have been recorded for arrest and if so, pri....
The failure to disclose grounds for arrest and non-compliance with procedural requirements rendered the detention illegal, warranting intervention via habeas corpus.
The Enforcement Directorate officers are not Police officers under CrPC, thus they cannot seek custody beyond the initial 24 hours of arrest unless substantively justified; however, compliance with P....
The arrest of an individual must comply with constitutional and statutory requirements, including providing specific grounds for arrest, which must be communicated in writing to ensure the accused's ....
Judicial custody requires extension by the Magistrate, without which detention is not automatically illegal; compliance with statutory provisions is necessary for lawful detention.
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