Gauhati High Court quashes activist Pranab Doley’s NSA detention, orders immediate release

The Gauhati High Court on November 6 quashed the National Security Act (NSA) detention order against indigenous rights activist Pranab Doley, holding that it was "vitiated and not sustainable on facts and in law" and directing his immediate release.

Doley, who had been detained for over three months, was released from Golaghat District Jail following the court's order, his counsel Santanu Borthakur confirmed.

A Division Bench of Justices Kalyan Rai Surana and Susmita Phukan Khaund delivered the verdict after hearing Doley's challenge to his preventive detention.

The court identified four broad grounds that undermined the detention order, including the reliance on stale criminal cases, failure to furnish relevant documents, non-consideration of his second representation and references to his foreign travel and receipt of foreign remittances.

The Bench 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 in the matter or provide Doley with relevant documents. The non-disposal of his second representation, submitted after he gained access to his family, friends and counsel, was another ground that vitiated his continued detention.

In a significant observation, the court said the detaining authority had not applied its mind to whether ordinary laws were insufficient to deal with Doley's activities.

"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 stated.

The Bench subsequently set aside and quashed the detention order, directing that Doley "shall be released and set at liberty forthwith from his preventive detention".

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

The state government's detention order, issued under Section 3(2) of the National Security Act, 1980, had stated that Doley's activities were "prejudicial to the maintenance of public order as well as security of the state". It had also cited a "real and imminent possibility" of him continuing such activities if released.

Doley has been leading protests against the proposed hotel project near Kaziranga, alleging that it could threaten the fragile ecology of the UNESCO World Heritage Site. He has also raised issues concerning indigenous communities and their rights.

He had contested the April Assembly elections from Bokakhat constituency against Assam minister and AGP president Atul Bora.