SRI RAJEN MEDHI Vs. THE COMMISSIONER AND SECRETARY OF THE GOVT. OF ASSAM, POLITICAL (A) DEPARTMENT AND ANR.

JUDGEMENT

(1.) BY an order, dated December 10, 1982, we directed the release of the detenu, Shri Rajen Medhi, whose detention under the National Security Act, 1980, was challenged in this writ petition. We now proceed to state our reasons.

(2.) THE detenu was arrested on October 17, 1982, in pursuance of the order dated October 8,1982 made by the Governor of Assam under Section 3(2) of the Act. The order of detention as well as the grounds of detention were served on him on the same day in due course, the detenu made representation to the State Government through the Superintendent of District Jail Gauhati. His representation was rejected. The Advisory Board constituted under the Act reported that there was, in its opinion, sufficient cause for his distention. The State Government acting on the report confirmed the detention order. Before consideration of his case by the Advisory Board, the detenu filed this application to this Court on November 9, 1982, praying for a writ in the nature of habeas corpus under Article 226 of the Constitution of India. Rule Nisi was issued on November 9, 1982, to the Respondents returnable within three weeks. On confirmation of the detention order on the report of the Advisory Board the detenu filed supplementary affidavit contending, that the Advisory Board denied legal assistance, to him through a friend having legal knowledge, when demanded in the course of hearing before the Board.

(3.) BEFORE dealing with the questions raised in this case, it will be convenient at this stage to refer to the grounds of detention which are reproduced below: