Manash Doloi @ Manash Doley vs The State Of Assam And 5 Ors
2022 Latest Caselaw 1406 Gua

                                                                 Page No.# 1/4

GAHC010006662022




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : W.P.(Crl.)/4/2022

         MANASH DOLOI @ MANASH DOLEY
         S/O LATE MUKHYA JOBON DOLOI, R/O VILL- NALANIPAM, P.S.-DHEMAJI,
         DIST- DHEMAJI, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-06

         2:THE SECRETARY TO THE GOVT. OF ASSAM
          HOME AND POLITICAL DEPARTMENT
          DISPUR
          GUWAHATI-06

         3:THE DIRECTOR GENERAL OF POLICE
         ASSAM
          ULUBARI
          GUWAHATI-07

         4:THE SUPERINTENDENT OF POLICE
          DHEMAJI
          DIST- DHEMAJI
         ASSAM
          PIN-787057

         5:THE SUPERINTENDENT OF POLICE
          DHEMAJI
          DIST- DHEMAJI
         ASSAM
          PIN-787057
                                                                 Page No.# 2/4

            6:THE SUB-DIVISIONAL POLICE OFFICER
             JONAI
             JONAI SUB-DIVISION
             DIST-DHEMAJI
            ASSAM
             PIN-787060

            7:THE SUPERINTENDENT
             DISTRICT JAIL
             DHEMAJI
             DIST-DHEMAJI
            ASSA

Advocate for the Petitioner   : MR. B K GOGOI

Advocate for the Respondent : GA, ASSAM




             Linked Case : W.P.(Crl.)/5/2022

            MENTE PAIT
            S/O LATE JISU PAIT
            R/O VILL- LEKU JELEM
            P.S.-JONAI
            DIST- DHEMAJI
            ASSAM


             VERSUS

            THE STATE OF ASSAM AND 5 ORS
            REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
            OF ASSAM
            HOME AND POLITICAL DEPARTMENT
            DISPUR
            GUWAHATI-06

            2:THE SECRETARY TO THE GOVT. OF ASSAM
             HOME AND POLITICAL DEPARTMENT
            DISPUR
             GUWAHATI-06
             3:THE DIRECTOR GENERAL OF POLICE
            ASSAM
            ULUBARI
                                                                        Page No.# 3/4

             GUWAHATI-07
             4:THE SUPERINTENDENT OF POLICE
             DHEMAJI
            DIST-DHEMAJI
             ASSAM
             PIN-787057
             5:THE SUB-DIVISIONAL POLICE OFFICER
             JONAI
            JONAI SUB-DIVISION
             DIST- DHEMAJI
             ASSAM-787060
             6:THE SUPERTINTENDENT
             DISTRICT JAIL
             DHEMAJI
            DIST-DHEMAJI
             ASSAM
             ------------
             Advocate for : MR. B K GOGOI
            Advocate for : GA
             ASSAM appearing for THE STATE OF ASSAM AND 5 ORS



                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                      ORDER

Date : 28/04/2022

Heard Mr. B. K. Gogoi, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Additional Senior Government Advocate for the respondent.

2. We have noticed that in the impugned order of detention, the detaining authority had not mention that the detenue also has a legal right to make a representation to the detaining authority itself. This itself would be a technical flaw in the order of detention warranting release of the detenue. In the judgment dated 21.12.2017 W.P.(Crl.) 14/2017, this Court had taken note of that it is a distressing situation that the detenue are required to be released for certain apparent technical flaws in the order of detention itself and the detaining authority does not take note of the relevant provisions of law while issuing the Page No.# 4/4

detention orders. Accordingly, in paragraph-91 thereof, the Chief Secretary to the Government of Assam was directed to conduct a detailed enquiry involving all the persons who may have had a role, either constructive or advisory in the process leading to the detention order involved in the said writ petition and to make a proper analysis as to why such serious lapses occurred and upon doing so to take effective corrective measure that such lapses and lacunas do not occur in the future. One of the suggestion was that the persons who may be detailed the duty of a detaining authority be adequately trained and made well versed in the knowledge of the law regarding preventive detention, so that the technical flaws do not recur in the subsequent detention orders to be passed. In spite of the said direction, we again find that the detention order passed in the year 2021 is a repetition of the same technical flaws.

3. The Chief Secretary to file an affidavit on or before the next returnable date as to what analysis and what corrective measures have been undertaken and if yes, why the same technical lapses had again occurred in the preventive detention of the year 2021 involved in this petition.

4. This order be taken seriously as it involves a great public interest.

5. List on 06.05.2022. The affidavit should also contain the show cause as to why direction should not be issued for taking appropriate action against the persons who are responsible for such serious lapses.

JUDGE

Comparing Assistant