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GAHC010184462026

2026:GAU-AS:16313-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : W.P.(Crl.)/40/2026 PRANAB DOLEY S/O SRI LAKHI DOLEY, R/O VILLAGE- PANBARI MISING GAON, P.S.

BOKAKHAT, DISTRICT- GOLAGHAT, ASSAM, PIN- 785621 VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI, PIN- 110001

2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI- 781006

3:THE ADVISORY BOARD FOR THE NATIONAL SECURITY ACT ASSAM REPRESENTED BY ITS CHAIRMAN

4:THE DISTRICT MAGISTRATE CUM DISTRICT COMMISSIONER GOLAGHAT ASSAM PIN- 785621

5:THE SENIOR SUPERINTENDENT OF POLICE GOLAGHAT ASSAM PIN- 785621

6:THE SUPERINTENDENT OF DISTRICT JAIL GOLAGHAT ASSAM PIN- 78562 Advocate for the Petitioner : MR S BORTHAKUR, SR. ADV., MR. S DEY,MR. D K AGARWALA Advocate for the Respondent : MR. R K D CHOUDHURY, DY. SGI R-1, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Advocate for the petitioner : Mr. S. Borthakur, senior counsel, : Mr. D.K. Agarwala.

Advocate for the respondents : Mr. S. Chakraborty, CGC, : Mr. D. Mozumdar, Addl. Advocate General, : Mr. P. Sarmah, Addl. Sr. G.A.

Date on which judgment is reserved : 14.10.2026 Date of pronouncement of judgment : 06.11.2026 Whether the pronouncement is of the operative part of the judgment? : No.

Whether the full judgment has been Pronounced? : Yes.

JUDGMENT AND ORDER (CAV)

(K.R. Surana, J)

Heard Mr. S. Borthakur, learned senior counsel, assisted by D.K.

Agarwala, learned counsel for the petitioner. Also heard Mr. S. Chakraborty, learned CGC and Mr. D. Mozumder, learned senior counsel and Addl. Advocate General for the State, assisted by Mr. P. Sarmah, learned Additional Senior Govt Advocate.

2) Filing this habeas corpus petition under Article 226 of the Constitution of India, the petitioner, namely, Sri Pranab Doley, has challenged his detention under Section 3(2) of the National Security Act, 1980 vide detention order no. eCF-821601/81 dated 30.07.2026, passed by the Commissioner and Secretary to the Government of Assam, Home and Political Department, Political (A) Department, by which the said authority had, amongst others, recorded its satisfaction that the activities of the petitioner was prejudicial to the maintenance of public order as well as security of the State and ordering him to be detained in the District Jail, Golaghat. Also under challenge is the grounds of detention bearing memo no. eCF-821601/84 dated 30.07.2026, passed by the Commissioner and Secretary to the Government of Assam, Home and Political Department, Political (A) Department, which is stated to be made in strict compliance of Section 8(1) of the National Security Act, 1980 and Article 22(5) of the Constitution of India. The petitioner has also prayed to declare his detention as illegal and for directing him to be released and set at liberty.

3) The said detention order is extracted below:-

ORDER

“Whereas, the Government of Assam has carefully considered the materials placed before it, including the report of the Sr. Superintendent of Police, Golaghat district, Assam, vide Memo No. GLT/DSB/2026/674-A dated 25/07/2026, the connected case records, statements, intelligence inputs, reports and other relevant materials concerning Sri Pranab Doley, aged about 40 years, son of Shri Lokhi Doley, resident of Vill.-Panbari Mising Gaon, PO: Borjuri, P.S. Bokakhat, District Golaghat, Assam (hereinafter referred to as the detenue);

And whereas, the Government of Assam is satisfied that the activities of the detenue, as disclosed from the aforesaid materials, are prejudicial to the maintenance of public order as well as security of the State;

And whereas, the Government has considered the nature, gravity, frequency and potential consequences of the activitie