AKAN SWARIGIARY ALIAS YOUNG SANGMA ALIAS YANKI SHARLEE Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India the detenu Akan Swargiary @ Young Sangma @ Yanki Sharlee seeks to challenge the order of detention passed by the District Magistrate, Goalpara on 18.2.2001 under sub-section (2) of Section 3 of the National Security Act, 1980. The order of detention reads as follows :

(2.) The order of detention has been challenged primarily on the ground that the documents referred to in the detention order as well as in the grounds furnished were not supplied to the detenu and, thereby, he was prevented from making effective representation. It is further pleaded that there was delay in reporting the matter by the State Govt as well as the detaining authority to the next higher authority in violation of the provisions of sub-section (4) and sub-section (5) of Section 3 of the Act, besides the vice of non-application of mind.

(3.) We have heard Mr. N.Zaman, learned counsel for the petitioner and Mrs. A Hazarika, learned State counsel.