Guwahati Court March 1983 Judgments
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Jagat Bora, and Etc Etc. Vs. State of Assam
Court: Guwahati
Decided on: Mar-08-1983
B.L. Hansaria, J.1. A common question of law has been raised in this batch of petitions. The point for consideration is whether this Court has jurisdiction in view of Section 362, Criminal P.C. 1973 to give benefit of the Probation of Offenders Act, 1958 (hereinafter the Act) to the petitioners after their revision applications against orders of convictions had been finally disposed of. In case this question is answered in the affirmative, the individual merits shall have to be gone into.2. In all these cases after hearing the revision applications on merit, the same were disposed of by upholding the orders of convictions as well as the sentences with or without modification. Subsequently, these petitions were filed under Section 11 of the Act read with Section 482 of the Cr. P.C. As a common question of law cropped up, the same being the permissibility to entertain these applications, they were heard together and are being disposed of by a common order. There is no doubt that the Ac...
Joynath Sharma Vs. State of Assam and ors.
Court: Guwahati
Decided on: Mar-07-1983
T.N. Singh, J.1. The detenu has approached this Court to secure his liberty from detention made under Section 3(2) of the National Security Act, 1980 (shortly 'the Act') by the Govt. of Assam. By this application for a writ of Habeas Corpus the legality of the order is challenged. We heard the matter at length and by a short order passed on 1-3-1983 allowed the petition holding the detention order to be illegal and without jurisdiction and directed release of the detenu. This judgment contains the reasons for our order.2. II is stated in the petition that on 28-11-1982 the detenu was attending with others a meeting of the State Committee of the AH Assam Gana Sangram Parishad. The detenu along with others, was 'gheraoed' by the police at 11 a. m. when the meeting was in session and eventually at 10.30 p.m. he was arrested and taken to Tezpur Police Station. Next day, on 29-11-1982, at 11 a. m. he was produced before the Sub-Divisional Judicial Magistrate and on his inquiry he was told...
Nangbuaia Vs. District Magistrate
Court: Guwahati
Decided on: Mar-04-1983
T.N. Singh, J.1. In this matter the petitioner sent an application from his place of detention at Silchar Jail to this Court for his release challenging the validity of the order made under the National Security Act by the District Magistrate, Lunglei, Mizoram. Mr. B. Tanti, Advocate, was appointed by the Court as the counsel for the petitioner as it was a Habeas Corpus matter and upon hearing counsel for both sides a Rule Nisi was issued on 29.11.1982. Pursuant thereto no return was filed on behalf of respondent No. 2 and when the matter came up forhearing on 25.1.83 before this Court Mr. Tanti submitted that on 16.2.83 (sic) the detenu was already in custody and therefore the activity attributed to him on that day in the ground No. 2(c) made the ground non-existent. We passed an order on that date directing the respondents to ascertain the fact and file affidavit on this aspect of the matter. Accordingly, an affidavit has been filed in this case on 9.2.83. The relevant statement at ...
Bipul Mahanta Vs. State of Assam and anr.
Court: Guwahati
Decided on: Mar-04-1983
N. Ibotombi Singh, J.1. This is an application under Article 226 of the Constitution of India for a writ in the nature of Habeas Corpus filed by the detenu, Sri Bipul Mahanta, challenging the order of detention dated 7-1-83, made by the State Government under Sub-section (2) of Section 3 of the National Security Act, 1980.2. The detenu is a student of B. Barooah College, Gauhati, and while he was preparing for his B. A. Compartmental Examination as a candidate from B. Barooab College, he was arrested on 5-1-83 under Section 151, Cr. P. C. He was lodged in the District Jail, Gauhati and thereafter he has been transferred to Dhubri District Jail, as submitted by the learned Counsel for the detenu. On 7-1-83, the order of detention was passed and the grounds were supplied to him on the same day. On the date when the order of detention was made, he was in confinement in jail. The order of detention reads as:Whereas Government of Assam are satisfied with respect of the person known as Shr...
Atul Bora and Etc. Vs. District Magistrate and ors.
Court: Guwahati
Decided on: Mar-02-1983
N. Ibotombi Singh, J.1. By our short order dated Feb. 22, 1983, we directed the release of the detenus, Sri Atul Bora and Sri Biraj Sarma, whose detention under the National Security Act, 1980, was challenged in these two writ petitions. We now proceed to state our reasons.2. As one question of fact and law involved in these two petitions under Article 226 of the Constitution is identical with that in Civil Rule (HC) Nos. 18 and 19 of 1983 reported in 1984 Cri LJ 454, learned counsel of both the parties submitted that our judgment in Civil Rule (HC) Nos. 18, and 19 of 1983 would govern these two petitions. On the submission above, we also directed the detenu Sri Atul Bora and Sri Biraj Sarma to be released forthwith on Feb. 22, 1983. We, however, give briefly facts and law.3. The detenu, Sri Atul Bora, in Civil Rule (HC) No. 21 of 1983 attended the Executive meeting of the All Assam Gana Sangram Parishad on 19.11.82 held in the Gauhati University Students Day Home under the presidents...
Prafulla Kumar Mahanta and Etc. Vs. District Magistrate and ors.
Court: Guwahati
Decided on: Mar-02-1983
N. Ibotombi Singh, J. 1. By our short order dated 22-2-1983, we directed the release of the detenus, Shri prafulla Kumar Mahnnta and Shri Bhrigu Kumar Phukan, whose detention under the National Security Act, 1980, was challenged in these two writ petitions. We now proceed to state our reasons.2. As similar questions of fact and law arise in these two petitions under Article 226 of the Constitution. they are disposed of by this common judgment.The detenu, Sri Prafulla Kumar Mahanta, and detenu, Shri Bhrigu Kumar Phukan are President and General Secretary respectively of the All Assam Students Union (briefly AASU) Both of them are students of University Law College; Gauhati. They came back from New Delhi to Gauhati on 7-1-1983 after the tripartiate talk to find out solution on the foreigners' issue in Assam. They were arrested at the Borjhar Air Port, Gauhati on 7-1-1983. in pursuance of the separate order dated 6-1-1983 made by the District Magistrate, Kamrup, under Sub-section (2) of...
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