Gauhati HC says rights activist Pranab Doley’s NSA detention order 'vitiated' quashes it

    Guwahati, Nov 6 (PTI) The Gauhati High Court on Friday quashed the detention of indigenous rights activist Pranab Doley under the National Security Act (NSA), maintaining that the detention order was "vitiated and not sustainable on facts and in law".

    The ruling brings to an end Doley's over three-month detention under the stringent law.

    The court also observed that the authorities had "not applied their minds" to whether ordinary laws were sufficient to deal with his activities.

    Doley was arrested in Guwahati on July 13 in connection with protests against a proposed five-star hotel near Kaziranga National Park.

    He was lodged in Golaghat district jail and secured bail from a district court on July 29.

    However, the state government invoked the NSA against him the following day, resulting in his continued detention.

    Doley's counsel Santanu Borthakur said a division bench of Justices Kalyan Rai Surana and Susmita Phukan Khaund quashed the detention of the rights activist under the National Security Act.

    "The hearing had concluded earlier. The verdict was pronounced today," he told PTI.

    The court said Doley had challenged his detention on four broad grounds, including reliance on stale criminal cases, non-furnishing of relevant documents, non-consideration of his second representation, and references to his foreign travel and receipt of foreign remittances.

    Citing discussions on these four reasons, “… the court is of the considered opinion that the said four reasons are sufficient to hold that the impugned order of preventive detention of the petitioner is vitiated and not sustainable on facts and in law," the order said.

    The court observed that references to old criminal cases, foreign travel and past receipt of foreign remittances had the effect of "snapping the live and proximate link" between Doley's alleged activities and the purpose of his detention.

    It also noted that the authorities had failed to explain the delay or provide the petitioner with relevant documents.

    The non-disposal of a second representation submitted by Doley after he gained access to his family, friends and counsel was also found to have vitiated his continued detention, the order said.

    "The detaining authority has not applied its mind as to whether or not the ordinary laws of the country were insufficient to deal with the activities of the petitioner. Accordingly, this writ petition deserves to be and is accordingly allowed," the order said.

    It said the detention of the petitioner is "found to be vitiated on the 4 (four) broad reasons referred to", and since the court has arrived at the conclusion that the detention order "is not sustainable on facts and in law, the detention of the petitioner is to be set aside".

    Setting aside and quashing the detention order, the court said that Doley "shall be released and set at liberty forthwith from his preventive detention".

    Meanwhile, Doley has been released from Golaghat jail following the HC order. "He was released in the evening," Borthakur said

    Earlier, the NSA invocation order issued by the state's political department said the government was satisfied that Doley's activities were "prejudicial to the maintenance of public order as well as security of the state" and that there was a "real and imminent possibility" of him continuing such activities if released.

    Stating that preventive detention was necessary, the order, issued under Section 3(2) of the National Security Act, 1980, directed that Doley be detained and kept in custody at the Golaghat District Jail.

    Doley has been spearheading protests against the proposed five-star hotel near the UNESCO World Heritage Site Kaziranga National Park, alleging the project poses a threat to the area's fragile ecology, besides being vocal against steps perceived as detrimental to indigenous people and rights.

    Doley had unsuccessfully contested the April assembly elections from the Bokakhat constituency against AGP president Atul Bora, a state cabinet minister.

(This story has not been edited by THE WEEK and is auto-generated from PTI)