In a major embarrassment to the BJP led-Government in Assam, the Gauhati High court on Thursday quashed the detention order of Assam’s prominent farmers’ leader Akhil Gogoi under the National Security Act (NSA), 1980 which is expected to pave the way for release of Gogoi.
Justice Achintya Malla Bujar Barua of the Gauhati High Court passed the judgment which stated he was entitled for immediate release if not arrested in any other case.
The Assam police had arrested Gogoi, who leads the Krishak Mukti Sangram Samiti (KMSS), on September 13 on charges of sedition and his role alleged role in instigating people to take up arms. On September 24, Gogoi was booked under the NSA.
The Assam government had stated that the prominent farmers’ leader while addressing a public rally in Moran had said that ‘If Hindu migrants from Bangladesh were forced upon Assam people, people here would be compelled to take up arms’.
The development today took place after Gogoi moved the Gauhati High court challenging the detention under NSA.
“It is directed that the Chief Secretary to the Government of Assam shall conduct a detailed enquiry involving all the persons, who had a role either constructive or advisory in the process leading to the order of preventive detention made against the petitioner and also as regards those involved in the procedure subsequent to the order of preventive detention. Upon such enquiry being conducted, a proper analysis be made as to where and why such serious lapses have occurred and upon doing so, effective corrective measure be taken that such lapses and lacunas do not occur in future,” said Gogoi’s counsel while quoting the court order.
“First, on the argument that it was a violation of his fundamental rights under Article 22 (5) of the constitution as he was not informed that he could give a representation to the NSA detaining authority, the Nowgong district judge and can also give a representation to the central government. Second, that many of the documents based on which he was charged under NSA, were not made available to us; and three, since it deals with the fundamental rights and
liberty of a citizen, it was binding on the state government to make all efforts to conduct the procedures required under NSA as soon as possible,” said senior advocate Santanu Borthakur.
He said that the court added it is a requirement of the constitutional process that the State Government authorities educate all the authorities connected with the process of making and sustaining an order of preventive detention as regards the constitutional requirements, more particularly under Article 22(5) and put in place an effective monitoring system to ensure that the requirements of the Constitution is duly followed and implemented.