Guwahati: The Gauhati High Court on Friday quashed the detention of indigenous rights activist Pranab Doley under the stringent National Security Act, ending his over three-month incarceration under the law.
The activist was initially arrested in Guwahati on July 13 in a case related to protests against a proposed five-star hotel near the Kaziranga National Park. Lodged in the Golaghat district jail, he secured bail from a sessions court on July 30. However, the state invoked the NSA against him the next day, ensuring his continued detention in the same jail.
Doley's counsel Santanu Borthakur said a division bench of Justices Kalyan Rai Surana and Susmita Phukan Khaund quashed the detention of the rights activist under the National Security Act.
"The hearing had concluded earlier. The verdict was pronounced today. The judges have mentioned a few grounds for quashing the detention, but details will be known once the complete order is available," he told PTI. Borthakur said one of the points mentioned by the judges was that the allegations against Doley were ‘not proximate’, and the materials relied upon by the authorities were not supplied to the detainee, infringing on his Constitutional right.
"Also, representation by the detainee should have been expeditiously disposed of, which was not done," said the counsel, adding that Doley was likely to be released from detention later in the day after completing necessary formalities.
The NSA invocation order issued by the state's political department said the government was satisfied that Doley's activities were 'prejudicial to the maintenance of public order as well as security of the state' and that there was a 'real and imminent possibility' of him continuing such activities if released.
Stating that preventive detention was necessary, the order, issued under Section 3(2) of the National Security Act, 1980, directed that Doley be detained and kept in custody at the Golaghat District Jail.
Doley has been spearheading protests against the proposed five-star hotel near the UNESCO World Heritage Site Kaziranga National Park, alleging the project poses a threat to the area's fragile ecology, besides being vocal against steps perceived as detrimental to indigenous people and rights.
Doley had unsuccessfully contested the April assembly elections from the Bokakhat constituency against AGP president Atul Bora, a state cabinet minister.
