HC orders release of Assam farmer's leader detained under NSA

The Gauhati High Court on Thursday quashed the detention of Assam's farmer leader and RTI activist Akhil Gogoi under the National Security Act (NSA) 1980, ordering his immediate release.

The court has also asked the Assam Chief Secretary to conduct a detailed inquiry involving all the persons who had a role, either constructive or advisory, in the process leading to the order of the petitioner's preventive detention.

Justice Achintya Malla Bujar Barua passed the judgment which stated he was entitled for immediate release if not arrested in any other case.

Gogoi had been in Assam's Dibrugarh jail since September 13. The Assam Police arrested him on the charges of sedition and instigating the people of the state to take up arms. On September 24, Gogoi was booked under the NSA.

"Upon such inquiry 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 a senior advocate quoting the court order.

"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."

"In the instant case, from the records, it cannot be ascertained as to whether any officer of the government who assists or advises on facts or law had appeared before the Advisory Board with a view to justify the order of detention," the order said.

"In view of such absence of any material to conclude as to whether any officer of the government had appeared before the Advisory Board to justify the order of detention or as to whether such officers had merely carried the records, this court refrains itself from giving a conclusive view as to whether the petitioner was prejudiced by the refusal to be assisted by a legal counsel."

Gogoi, who heads the farmers' body Krishak Mukti Sangram Samiti, while addressing a public meeting in Moran had said if Hindu migrants from Bangladesh were forced upon Assam, people here would be compelled to take up arms.

--IANS

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