Failure to inform a detenue of his right to representation and unexplained delays in processing representations under Article 22(5) of the Constitution vitiate detention orders.

JUDGMENT :

Rajesh Mazumdar, J.

By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the; (1) impugned Detention Order No. NMM 17/2025/ NSA /83, dated 14.05.2025, issued by the District Magistrate, Nagaon; (2) impugned Corrigendum No. NMM 17/2025/ /131, dated 12.06.2025, issued by the District Magistrate, Nagaon; as well as (3) the Order No. PLA- 42/2025/156, dated 03.07.2025, passed by the Additional Chief Secretary to the Govt. of Assam, Home & Political Department, thereby confirming the detention order on the basis of the report of the Advisory Board.

2. Heard Mr. S. Borthakur, learned counsel appearing for the petitioner.

Also heard Mr. D. Mazumdar, learned Additional Advocate General assisted by Mr. D. Nath, learned Senior Govt. Advocate appearing for the State of Assam and Mr. K.K. Parasar, learned CGC appearing for the Union of India.

3. Notices were issued on 21.07.2025. Affidavit on behalf of the District Magistrate was filed on 14.08.2025, to which a rejoinder was filed on 26.08.2025. The response on behalf of the Union of India came to be filed on 28.08.2025. The State of Assam filed another affidavit on 29.08.2025.

4. Arguments were heard on 04.09.2025, 14.10.2025 and 16.10.2025. The case was listed on 06.11.2025, when the parties submitted concise notes on the submissions already made. Judgement on the case was reserved on that day.

Facts of the case

5. On 24.04.2025, the petitioner was arrested in connection with allegations made against him in an FIR lodged by the officer in charge of the Nagaon Police Station which was registered as Nagaon P.S Case No. 347/2025 under Sections 152 /196/197(1)/113(3)/352/353 of the BNS . The allegations levelled in the FIR were to the effect that a video of the petitioner was circulating in social media showing the petitioner accusing the Central Government of orchestrating the Pahalgam terrorist attacks. It was further alleged that on 23.04.2025, the petitioner herein had publicly alleged in a public meeting that the Pulwama attack on 14th February, 2019 was a conspiracy by the Government of India and its key functionaries. It was alleged in the FIR that the statements were not only factually incorrect, but also intended to incite public unrest by spreading misinformation and hatred, intended to undermine the authority and legitimacy of a democratically elected Central Government and to divert attention from the involvement of Pakistan in terrorist activities, thereby directly supporting an enemy nation, and to jeopardize the sovereignty, unity and integrity of India.

6. Upon his arrest, the petitioner preferred a bail application before the Additional Sessions Judge No.4, FTC, Nagaon, and by order dated 14.05.2025, the learned Judge was pleased to order the release of the petitioner on bail by imposing several conditions, inter alia, to the effect that the petitioner shall not commit any offence of whatever nature in the future and that he shall not make statements pertaining to the case or statements of such nature which may incite violence in any form.

7. On the same day, by an order dated 14.05.2025, the District Magistrate, Nagaon directed that the petitioner be detained under provisions of Section 3 (2) of the National Security Act, 1980 and that he be lodged at the Central Jail, Nagaon with immediate effect. The grounds of detention were thereafter issued by the District Magistrate, Nagaon on 16.05.2025. The petitioner submitted a repr