Failure to inform a detenue of their right to represent before the detaining authority and unexplained delays in processing such representations violate Article 22(5) of the Constitution, rendering preventive detention illegal.

JUDGMENT :

A.M. Kalita, J.

Heard Mr. S. Borthakur, learned counsel appearing on behalf of the Petitioner as well as Mr. B. Goswami, learned Addl. Advocate General for the State of Assam, assisted by Mr. N. Kalita, learned Government Advocate. Also heard Mr. K. K. Parasar, learned CGC, representing the Respondent no. 1.

2. The instant petition, under Article 226 of the Constitution of India has been filed praying for a writ in the nature of certiorari for quashing and setting aside the Detention Order bearing Memo No. CP/CB/NSA/2025/49, dated 07.10.2025, issued by the Commissioner of Police, Guwahati, in exercise of it’s power under Section 3(2) of the National Security Act, 1980.

3. In the prayers, the Petitioner has, amongst others, prayed for the following reliefs:-

(i) issuance of a writ in the nature of certiorari quashing and setting aside the Detention Order No. CP/CB/NSA/2025/49, dated 07.10.2025, issued by the Commissioner of Police, Guwahati;

(ii) issuance of a writ in the nature of certiorari quashing and setting aside the Grounds of Detention served upon the Petitioner on 08.10.2025;

(iii) issuance of a writ in the nature of certiorari quashing and setting aside the Order No. PLA-710928/122, dated 14.10.2025, by which the detention order of the Petitioner was approved by the Government of Assam/Hon’ble Governor of Assam;

(iv) issuance of a declaration that the detention of the Petitioner is illegal;

(v) issuance of a writ of habeas corpus directing the immediate release of the Petitioner from detention;

(vi) issuance of a direction to the Respondent authorities to appropriately compensate the Petitioner and/or;

(vii) pass any other such order(s) as this Court may deem fit and proper.

4. Defending the action of the Government, the Respondent no. 2, on being authorized by the Addl. Chief Secretary to the Government of Assam, Home & Political Department, the Secretary to the Government of Assam, Home & Political Department has filed an Affidavit-in-Opposition in the instant case. Additionally, another Affidavit- in-Opposition has also been filed on behalf of the Respondent no. 4, i.e., the Commissioner of Police, Guwahati, Assam.

5. After a preliminary hearing, notices were issued on 21.11.2025 by this Court in the instant matter.

6. The matter was finally heard on 21.01.2026 and 29.01.2026 respectively. On conclusion of the hearing, the judgment and order was reserved on the very same day.

7. The Petitioner, namely, Shri Victor Das, is presently under prevention detention under the National Security Act, 1980. (herein after referred to as NSA, 1980) and being aggrieved by the act of keeping him in such preventive detention, the Petitioner has approached this Court. The facts arising to his detention and his assailing of the Detention Order are summarized herein below: -

(i) An FIR was lodged on 22.09.2025, by one Sub Inspector (SI), namely, Sri Sanjiv Handique of Borjhar Outpost against the Petitioner at Azara Police Station, which was registered as Azara Police Station Case No. 142/2025, under Sections 191(2)/190/296/324(5)/109/132 of the Bharatiya Nyaya Sanhita (herein after referred to as BNS), 2023, read with Section 3 of the Prevention of Damage to Public Property Act, 1984. It was alleged in the FIR that after the death of late Zubeen Garg, the famous singer belonging to the State of Assam, his dead body was supposed to be arrived at the LGBI Airport, Guwahati, on 20.09.2025 from Singapore via Delhi. In view of the aforesaid, a large crowd gathered at the aforesaid Airport to have a glimpse of the dead bo