ORDER :

1. Heard Mr. M.K. Choudhury, learned senior counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam, appearing for the respondent Nos. 2 to 5.

2. This Habeas Corpus petition has been filed by the petitioner through an affidavit filed by his wife Ms. Babita Prodhani. The petitioner (Adam Ali @ Adil Ali) is the proprietor of a firm, namely, M/s. Mahdi Islam, which is a registered firm and engaged in the business of purchase, store and sale of cattle from States in India, which includes Assam. According to the petitioner, these cattles are purchased from West Bengal and thereafter sold in the market at different places. According to the petitioner, his business is lawful.

3. An FIR was lodged against the petitioner on 11.10.2020, which was registered as Gauripur Police Station Case No. 1190/2020 under Sections 120B/121/121A/122/371 of the IPC, read with Section 25(1AA) of the Arms Act, 1959. Thereafter, the petitioner was arrested and later vide order dated 15.12.2020 passed by this Court he was released on bail.

Another FIR was also lodged against the petitioner on 11.10.2020 at Dhubri Sadar Police Station, which was registered as Dhubri Police Station Case No. 1465/2020 under Sections 120B/448/506 of the IPC, read with Section 25(1)(a)(b) of the Arms Act, 1959. The petitioner was also arrested in this case and was granted bail on 11.12.2020.

There was yet another FIR lodged on 03.10.2020 against the petitioner at Dhubri Sadar Police Station, which was registered as Dhubri Police Station Case No. 1403/2020 under Section 379 IPC read with Section 11(1)(a)(b)(d) of the Prevention of Cruelty of Animals Act, 1960. In this case also, the petitioner was granted bail on 02.12.2020.

Finally an FIR was lodged against the petitioner on 25.01.2021 at Chhagolia Out Post, which was registered as Golakganj Police Station Case No. 71/2021 under Sections 120(B)/420/379 IPC read with Section 11(i)(a)(b)(d) of the Prevention of Cruelty of Animals Act, 1960. He was arrested on 28.01.2021. The petitioner was also granted bail in this case on 02.03.2021 and he was released on 03.03.2021.

4. Meanwhile, a detention order dated 06.02.2021 was passed by the concerned District Magistrate, Dhubri against the petitioner which was executed immediately after the release of the petitioner from jail (which was on 03.03.2021), and he was put under detention in jail on 05.03.2021, under the provisions of the National Security Act, 1980 (from hereinafter referred to as “Act”). The detention order dated 06.02.2021 reads as under:

“Order

Perused the dossier submitted by the Superintendent of Police, Dhubri vide his Letter No. DSB-II/16-A/NSA/2021/276, dated 04.02.2021 in respect of Sri Adom Ali @ Adil Ali S/o Azad Ali, Village-Matiabag, P.S. Gauripur.

Also seen the recommendations therein made by the Superintendent of Police, Dhubri regarding detention of the above said person.

On perusal of the materials in hand, I am satisfied that it is necessary to detain above said person with view to prevent him from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of public order.

Therefore, I, Shri Deba Kumar Kalita ACS, District Magistrate of Dhubri District in exercise of the powers conferred U/s 3 of the National Security Act, 1980 hereby order to detain Sri Adom Ali @ Adil Ali S/o Azad Ali, Village-Matiabag, P.S. Gauripur for a period of three months with effect from the day of arrest.

Given under my hand and seal on this 06th day of February, 2021.

Sd/-

District Magistrate, Dhubri.

Memo No. DMJ-4/2021/36-A Dated Dhubri the 06th February 2021.”

5. The admitted position before this Court is that the detention was made under the provisions of the Act but the provisions, particularly the safeguards and the mandatory provisions provided under Clause (5) of Article 22 of the Constitution of India as well as under Section 3 and Section 8 of the Act were not fol