GAUHATI HIGH COURT
S.N. Phukan, J
Peoples Union for Human Rights (represented by Ramesh Kumar Jain and Others) v. Union of India and Others
1. The President of India on November 27, 1990 promulgated Central Rule in the State of Assam. This is the fourth time such a rule was promulgated under the Constitution. First time Assam came under President's Rule on December 12, 1979, on June 20, 1981 for the second time and on March 12, 1982 the President's Rule was imposed for the third time. The declaration on November 27, 1990 thus is the fourth in the series. Along with the Central Rule the Central Government under the Armed Forces (Special Powers) Act , 28 of 1958 (the Act of 1958) declared the entire State of Assam a disturbed area as it was in a disturbed or dangerous condition, therefore armed forces were deployed for maintenance of law and order. Ten days later on December 7, 1990 the Governor of Assam declared the State as a disturbed area under the Assam Disturbed Areas Act , 19 of 1955 (the 1955 Act). The proclamation of Central Rule and the two notifications under the two enactments are assailed in the above four writ petitions.
2. The debate in these four cases touched many subjects of wide ranging character. In one of the writ petitions whether the State of Assam is a part of India is questioned. Many internation
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