Guwahati Court May 1991 Judgments

Hiren Brahma Vs. State of Assam and anr.

Court: Guwahati

S.N. Phukan, J.1. This is a petition under Section 482 Cr. P.C. against the order dated 27-2-91 passed by the Designated Court, Assam at Gauhati in Misc. Case No. 646 (K) of 1991. By the said order, the learned Designated Court refused the prayer of bail on the ground that it is premature.2. Heard Mr. T.C. Mazumdar, learned counsel for the petitioner and Mr. Narzary, learned Public Prosecutor.3. Mr. Narzary, learned Public Prosecutor has rightly urged that in view of the provision of law laid down in Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, this court has no jurisdiction to interfere with the orders of the Designated Court.4. This Act came up before the apex court in two cases viz. Usmanbhai D. Memon v. State of Gujarat : 1988CriLJ938 and Niranjan Singh Karam Singh Punjabi v. Jitendra Bhimraj Bijji : 1990CriLJ1869 . In Usmanbhai (supra) in para 15, the apex court observed that the Act is an extreme measure to be resorted to when the police cannot t...