Preventive Detention Under NSA, 1980 Deemed Violative of Constitutional Rights Due to Procedural Lapses
In a significant ruling, the Gauhati High Court has quashed the detention order against Victor Das, who was detained under the National Security Act, 1980. The bench, comprising Justices Kalyan Rai Surana and Anjan Moni Kalita, found the detention order violative of Article 22(5) of the Indian Constitution due to procedural lapses.
The court highlighted two major deficiencies in the detention process: the failure to inform the detainee of his right to make a representation before the Detaining Authority and the unexplained delay in the disposal of his representations by the State and Central Government. Victor Das was detained by an order issued on October 7, 2025, by the Commissioner of Police, Guwahati, which was later approved by the Government of Assam.
The High Court emphasized that the right to make a representation to the Detaining Authority is a critical safeguard under Article 22(5) of the Constitution. The absence of such information deprived Das of his fundamental right, rendering the detention order unconstitutional. Furthermore, the court noted that the unexplained delay of 17 days by the State Government in addressing Das's representation was unjustifiable and breached constitutional mandates.
The case stemmed from allegations against Das, who was accused of instigating public disorder following the death of singer Zubeen Garg. The court, however, did not delve into the substantive grounds of detention, focusing instead on the procedural violations that invalidated the detention order.
Citing precedents, the court reiterated the importance of adhering to procedural safeguards in preventive detention cases, underscoring that any lapse, however minor, could render the detention illegal. Consequently, the court ordered the immediate release of Victor Das, unless he is required in any other case.
Bottom Line:
Preventive detention under the National Security Act, 1980 - Non-intimation of the detenue's right to make a representation before the Detaining Authority and unreasonable delay in disposal of the representation by the State and Central Government render the detention order violative of Article 22(5) of the Constitution of India.
Statutory provision(s): National Security Act, 1980 Section 3(2); Constitution of India, 1950 Article 22(5); Article 21; Bharatiya Nyaya Sanhita, 2023; Prevention of Damage to Public Property Act, 1984 Section 3
Victor Das v. Union of India, (Gauhati)(DB) : Law Finder Doc id # 2856694
