GUWAHATI, March 20 — The Division Bench of the Gauhati High Court comprising Chief Justice J Chelameswar and Justice Hrishikesh Roy today after setting aside the detention of Rabin Dhekial Phukan under National Security Act, 1960, ordered his release from custody. Dhekial Phukan, the Kakopathar correspondent of an Assamese vernacular daily, was arrested in connection with Doomdooma PS case (No 141/07) on June 20, 2007 for his alleged links with ULFA cadres. Subsequently, by an order dated December 13, 2007 passed by the District Magistrate, Tinsukia, he was detained under National Security Act, 1960.
Subsequently, his wife Anjali Dhekian Phukan filed a petition before the Gauhati High Court for setting aside the detention order of December 13, 2007 and the High Court after hearing the petition, today delivered the judgment holding inter alia that the reason for passing the preventive detention order without taking into consideration that he was already in custody and there is no possibility of his being released on bail is not discernible from the materials on record and accordingly, quashed the order of detention and directed that Dhekial Phukan be released from custody if he is not wanted in any other case.
BK Mahajan and Arshad Choudhury appeared for Anjali Dhekial Phukan and Union of India was represented by H Rahman, Asstt Solicitor General and B Goel, govt advocate represented the State Government.