GUWAHATI, Dec 21 - The Gauhati High Court today set aside the detention of KMSS leader Akhil Gogoi and NDFB cadre Sobam Narzary under the National Security Act (NSA).
The Court after hearing the arguments from both the sides for the last several days today directed for the release of both the detenues, provided they are not arrested in any other case.
Justice Achinta Malla Buzarbaruah today quashed the detention of both the persons in question primarily on the ground that the detaining authority had not mentioned the scope of submitting the representation by the accused to all the four authorities as mandated by the NSA, 1980.
While the detaining authority in its grounds of detention intimated the accused about the provision of submitting separate representations against their detention to three of the authorities including the Commissioner and Secretary (Home and Political department), the Advisory Board and the Secretary, Ministry of Home Affairs, it however refrained from mentioning about the Deputy Commissioner concerned (fourth authority), which is also the detaining authority under the National Security Act, 1980.
KMSS leader Akhil Gogoi was detained for sedition under the NSA after he allegedly made anti-national comments during a protest programme in Moran in September, Narzary was charged of anti-national activities like use of arms against the security forces and citizens, besides demanding extortions.
Gogoi and Narzary after their detention under the NSA were lodged in Dibrugarh Central Jail and Udalguri jail respectively.
Meanwhile, Akhil Gogoi has been shown as arrested by Assam Police in another case, which will further delay his release.