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Gauhati HC Quashes Pranab Doley’s Detention Under NSA

The Gauhati High Court has quashed indigenous land rights activist Pranab Doley’s detention under the National Security Act, citing violations of mandatory procedural safeguards guaranteed under Article 22 of the Constitution.

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Pranab Doley after Gauhati High Court quashes detention under NSA
Indigenous land rights activist Pranab Doley, whose detention under the National Security Act was quashed by the Gauhati High Court.

Guwahati, November 6: In a significant development, the Gauhati High Court has quashed the detention of indigenous land rights activist Pranab Doley, who has been in custody since July 13 this year.

Doley was initially detained on July 13 in connection with a protest held in June and was granted bail on July 29. However, the Assam government subsequently invoked the National Security Act (NSA), 1980, and continued his detention.

Senior Advocate Santanu Borthakur said on Friday that a Division Bench of the Gauhati High Court had set aside the detention order, observing that the grounds cited for invoking the stringent law lacked proximity and that mandatory procedural requirements had not been followed.

Doley, an indigenous land rights activist, was at the forefront of a series of protests against the setting up of a five-star hotel near Kaziranga National Park, a UNESCO World Heritage Site.

Doley, along with other local residents, had questioned the intention behind the move to establish the five-star hotel and its probable impact on the ecology. They had also raised concerns over the land rights of people living in and around the area, who have faced eviction due to the setting up of the hotel.

“The High Court has quashed Pranab Doley’s detention on three grounds. First, the allegations relied upon by the detaining authority were not proximate. Second, the materials on which the detention order was based were not supplied to Doley. Third, the representation submitted by the detainee was not disposed of. These are essential procedural safeguards guaranteed under Article 22 of the Constitution of India, and their violation has led the court to quash the detention order,” Borthakur said.

He said that following the High Court’s order, Doley would walk free soon. However, he added that certain formalities needed to be completed before Doley could be released.

Anup Sharma, Chief Editor of EasternLens
Chief Editor at  | Guwahati, Assam, India | + posts

Anup Sharma is a senior journalist with over two decades of experience covering India's Northeast. Based in Guwahati, Assam, he has worked with leading media organisations including The Times of India, The Telegraph and The Pioneer. He is currently contributing to Agence France-Presse (AFP). His extensive experience in regional journalism brings valuable editorial insight and a deep understanding of the Northeast to EasternLens.