Court : Guwahati
..... , curfews, police firing were 'the order of the day', so much so, that the entire state of assam was declared a 'disturbed area' and the assam disturbed areas act as well as the armed forces (special powers) act had to be brought into operation. ..... where freedom is in peril and justice is threatened all citizens shall receive the fullest protection from the court within the four corners of articles 21 and 22 of the constitution and the safeguards provided in the ordinance benignantly stretched and liberally interpreted, ..... the subjective satisfaction of the detaining authority in this constituency is prohibited area which the court cannot be asked to consider either the propriety or the sufficiency of the grounds on which ..... we have stated in a number of cases, following observations of the supreme court, that the question whether the grounds furnished are vague or not must be determined on consideration of ..... at the relevant time were duly considered by the supreme court in various cases while considering the preventive detention cases. ..... speaking for the supreme court explained in the clear language that the exercise of the power of detention is dependant on the subjective satisfaction of the detaining authorities with a view to preventing a person from acting in a prejudicial manner as set forth in ..... (as his lordship then was) speaking for the court turned down the contention and held that the mere circumstances that a detention order was passed during the pendency of a prosecution would .....
Tag this Judgment!Court : Guwahati
..... along with the central rule the central government under the armed forces (special powers) act, 28 of 1958 (the act of 1958) declared the entire state of assam a disturbed area as it was in a disturbed or dangerous condition, therefore armed forces were deployed for maintenance of law and order ..... the learned advocate-general who appeared for the state and the central government argued, this court should not look for adequate or sufficient evidence to sustain the impugned notification but look into the circumstances, whether broadly there was evidence to justify for the central government to make the ..... seeks suspension of sections 4 and 6 of the above act of 1958 and guidelines be given by the court to protect civilians during counter insurgency operations in north east. ..... this question was answered by the three judges on 20th february, 1991 to hold the delhi high court decision binds this court unless the decision is modified or varied in accordance with law. ..... reports received suggest that if at all the accused were arrested, the designated courts released them on bail without any resistance from the state. ..... if persons are detained in violation of the provision of the act, this court ordered compensation to the injured persons rs. ..... of assam the interim orders passed by this court were set aside and that the issue as to vires of the two acts is no more res integra. ..... it was pointed out that a single judge of this court suspended the notifications in 1981 and a like order may be .....
Tag this Judgment!Court : Guwahati
..... the petitioner also challenges the vires of the assam act 19 of 1955, the assam disturbed areas act, 1955, and the armed forces (assam and manipur) special powers act, 1958 as amended by armed forces (assam and manipur) special powers (amendment) act 1972, on which the two impugned notifications are ..... from the materials placed by the writ petitioner himself before this court as also before the supreme court, it cannot be said that there is no kind of disturbances to public tranquillity, serenity or 'rita' in the state for ..... their lordships further directed that this high court may consider the materials placed before the supreme court as the materials placed before this court and also give liberty to the parties to produce such other materials as they desire to ..... the order dated 16-4-1980 passed by the hon'ble supreme court in special leave petition (civil) no. ..... solicitor-general fairly confines himself to two questions, namely, prima facie case and the balance of convenience, and takes me through the materials placed before the hon'ble supreme court in the special leave petition. ..... have to be tested by the acid test of reasonability of restriction to fundamental rights; and the court has been assigned the role of a sentinel on the 'qui vive'. ..... 4377 of 1980 before the supreme court of india, on which their lordships of the supreme court by order dated 16-4-1980 were pleased to direct this high court to dispose of the stay application after hearing both the sides today, the 18th april .....
Tag this Judgment!Court : Guwahati
..... to as the 'the district, having been declared as a disturbed area under section 3 of the armed forces (special powers) act, 1958, hereinafter referred to as 'the act', alleging infringement of the fundamental rights guaranteed under arts. ..... (4) no civil proceedings in which relief is claimed against the president or the governor of a state, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as president or as governor of such state, until the expiration of two months next after ..... as to whether in the absence of the governor the justification or the basic data, which resulted in the satisfaction or opinion of the governor for declaration of senapati district as a disturbed area will be available for scrutiny of the court we find no reason why the state government would not be able to provide the same. ..... cal 184) (supra) interpreting article 361(1), it was held that the governor could not be made a party in any proceeding in court, inter alia, in a case where his decision could have been questioned on grounds available to a citizen against other authorities justifying the ..... the first, the procedure of petition of right which was based on the principle that king could not be impleaded in his own courts; and the second, that the crown could not be proceeded against at all in tort, which was due to the same principle coupled with the doctrine .....
Tag this Judgment!Court : Guwahati
..... shri choudhury relied upon the notification dated 31st may, 2004 issued by the governor of manipur in exercise of the powers conferred by section 3 of the armed forces (special powers) act, 1958 declaring the state of manipur as a disturbed area, and argued that the assam rifles personnel deployed in the state of manipur in aid of civil power is answerable to the central government for its activities as the control thereof ..... the deceased, argued that the forces of the union deployed in a disturbed area to act in aid of civil power have to perform its duties within the parameters of sections 4 and 5 of the armed forces (special powers) act, 1958 as interpreted by the apex court in naga people's movement of human rights v. ..... writ petitioners submitted that the entire state of manipur has been declared as disturbed area by the governor of manipur by the notification dated 31st may, 2004 in exercise of powers conferred by section 3 of the armed forces (special powers) act, 1958 for a period of one year with effect from june, 2004. ..... that the habeas corpus petitions under article 226 are often entertained by the courts in relation to arrest and wrongful detention by the armed forces in disturbed areas, and in appropriate cases directions have been given to compensate and/or to ..... manipur has been declared as a disturbed area by the notification dated 31st may, 2004 issued by the governor of manipur in exercise of powers conferred by section 3 of the armed forces (special powers) act, 1958. .....
Tag this Judgment!Court : Guwahati
..... government declared the whole of the state of assam as a disturbed area under section 3 of the armed forces (special powers) act, 1952, for short, 'the act'. ..... district magistrate, air 1974 sc 510 : (1974 cri lj 465), after discussing the earlier decisions of the supreme court referred to above, the supreme court observed that of the three views taken by the supreme court at different times, the second view (at the time of return) appears to be in consonance with the law and practice in england and may be taken as having received the largest measure of approval in india, though third ..... state of delhi, air 1953 sc 277: (1953 cri lj 1113), it has been held that in habeas corpus proceedings the court is to have regard to the legality or otherwise of the detention at the time of the return and not with reference to the date of the institution of the proceedings. ..... therefore, whenever the question of 'least possible delay' arises for decision in computing the period of time the court has to have regard to the particular circumstances of the case, for example, physical impossibility or otherwise to make over the arrested person to the nearest police station, and how, where and in what ..... of india, air 1966 sc 816 : (1966 cri lj 602), the supreme court has held that in dealing with a petition for habeas corpus the court has to see whether the detention on the date on which the application is made to the court is legal, if nothing more has intervened between the date of application and the .....
Tag this Judgment!Court : Guwahati
..... constitutional validity of the provisions of the armed forces (special powers) act, 1958 (act 28 of 1958) and the assam disturbed areas act, 1955 (act 19 of 1955) are challenged. ..... pending before the gauhati high court in which the validity of an assam act is to be decided is transferred to the delhi high court by the supreme court under article 139a of the constitution, the decision of the delhi high court would be binding on the court subordinate to the gauhati high court as if it has been made by the gauhati high court.26. ..... would be against the decision of the delhi high court and, therefore, the law laid down by the delhi high court, which should have been laid down by the gauhati high court but for transfer, became the law of the state of assam, and as such, it would be the policy of the law to make the law declared by the delhi high court binding on the gauhati high court as one declared by it in the interest of ..... 4(c) and (d) quoted above is plain and unambiguous and capable of one construction only and, therefore, it would not be open to the courts to adopt any other hypothetical construction on the ground that consequences would be unreasonable, unjust, or oppressive. ..... as regards 'specific provision', the supreme court in maru ram, air 1980 sc 2147 : (1980 cri lj 1440) (supra) has held that 'specific provision' is stronger than 'express provision' and has said 'that 'specific' is specific enough and even though 'special' to 'specific' is near allied and thin partition do .....
Tag this Judgment!Court : Guwahati
..... of the opinion that the whole of the state of assam was in such a disturbed or dangerous condition that the use of armed forces in aid of civil power was necessary and, therefore, the central government in the exercise of power conferred upon it by section 3 of the armed forces (special powers) act, 1952 (for short 'the act') declared the whole of the state of assam a disturbed area by issuing a notification dated 27-11-90 in the official gazette. ..... therefore, whenever the question of 'least possible delay' arises for decision, in computing the period of time the court has to have regard to the particular circumstances of the case -- physical impossibility or otherwise to make over the arrested person to the nearest police station, and how, where and in what circumstances the ..... case where detention was in violation of section 5 of the act, this court also awarded compensation (see the civil liberties v. p. l ..... 1986 sc 1987, we are of the view that the purpose underlying rule 27 is to enable the court to find out as to whether it would be safe to act on such evidence and to enable the court to know as to what facts are based in the affidavit on the basis of personal knowledge, information and belief as this is relevant for the purpose of appreciating the evidence placed before the court, in the form of affidavit. ..... in view of the above decisions of the supreme court, it is concluded that violation of section 5 of the act will not only amount to wrongful detention but also violation of .....
Tag this Judgment!Court : Guwahati
..... . dutta has drawn the attention of this court to the provisions of sections 4, 5 and 6 of the assam disturbed areas act, 1955, to show that under section 5 of the said act, if a police officer is of the opinion that a structure is utilized as a hideout or shelter by armed gangs or absconders wanted for offences in connection with the disturbances, he may destroy any such hideout or shelter and if he does so, section 6 of the said act provides protection to such a police officer from prosecution except with the previous sanction of ..... . before entering into the rival submissions made before me on behalf of the parties, let me point out that the vires of the assam disturbed areas act, 1955, was challenged along with some other legislations, such as, the armed forces (special provisions) act, 1958, in naga people's movement of human rights v ..... necessary so to do for the maintenance of public order, after giving such warning, if any, as he may consider necessary, fire upon, or otherwise use force even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in a disturbed area, prohibiting the assembly of five or more persons or the carrying of weapons or things capable of being used as weapons or fire-arms, ammunition and explosive substances.section 5 : powers to destroy arms, .....
Tag this Judgment!Court : Guwahati
..... -no prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the central government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this act.in other words, the central government is obligated under section 6 to examine whether any action of the armed forces, while acting in aid of the civil power in a disturbed area, is strictly in conformity with the authority granted to such armed forces by the provisions of the said ..... person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction - (a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection ..... the members of the 'armed forces' as defined under section 2(a) of the armed forces (special power) act, 1958, in the circumstances specified under section 3 and 4 of the said act are expressly authorised to use force even to the extent of causing of death. .....
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