The Gauhati High Court has overturned the detention of Victor Das, who was apprehended by city police last September under the National Security Act (NSA). The court’s division bench identified significant failures by the State Government in upholding constitutional rights as specified under Article 22(5) of the Constitution of India during the detention process. It highlighted an unreasonable and unexplained delay that hindered the petitioner’s right to representation before the Detaining Authority, alongside the consideration and resolution of that representation by both State and Central Governments.
The government’s defense for the detention order cited credible evidence and confidential intelligence suggesting Das’s involvement in instigating unrest in the state, particularly through orchestrating mass protests in response to the death of Zubeen Garg. However, upon reviewing a writ petition filed by Das, the court criticized the failure to adequately inform him of his right to make representations against the detention, deeming this omission as a violation of the preventive detention process.
Additionally, the court criticized the length of time taken by the State Government—17 days—to address the petitioner’s representation without satisfactory justification, deeming such delays unacceptable in cases of preventive detention. The bench stressed that any unexplained delays compromise the rights afforded to individuals in such situations. Consequently, it ruled that the unexplained delay not only breached the statutory requirements but also violated Das’s fundamental right to liberty.
In conclusion, the court directed the immediate release of Victor Das unless he was being held for any other legal matters.