Guwahati Court June 1980 Judgments

Nibaran Bora, Etc. Etc. Vs. Union of India (Uoi) and ors.

Court: Guwahati

N. Ibotombi Singh, J.1. This is a batch of 9 petitions filed by the petitioners for writs of habeas corpus and for orders of release from their detention. The petitioners were directed to be detained under orders made by the District Magistrate, Gauhati, Kamrup, Gauhati, under Section 3(1) of the Assam Preventive Detention Ordinance, 1980 (hereinafter called 'the said Ordinance'). The Governor of Assam, in exercise of the powers conferred upon him by Clause (1) of Article 213 of the Constitution read with Order No. GSR/889(E)-published in the Gazette of India, Extraordinary, dated 12th December, 1979, promulgated the said Ordinance, which provides for detention of persons in certain cases and matters connected therewith. The validity of the said Ordinance is challenged by one latin Goswami in Civil Rule No. 203 of 1980 before this Court. The petitioners in these petitions also challenge, inter alia, the validity of the said Ordinance, but they have not pressed it at the time of argume...