STAFF REPORTER
GUWAHATI: The bench of Justice Achintya Malla Bujor Barua of the Gauhati High Court pointed out repeated 'technical flaws' in issuing detention orders by Assam Government authorities. The court said that 'this technical flaw in a detention order would warrant the release of the detenue'. It asked the government to show cause why it should not issue direction for taking appropriate action against the persons responsible for such serious lapses.
In his order in the case – WP(Crl)4/2022 – issued on April 28, 2022, Justice Bujor Barua said, "In the impugned order of detention, the detaining authority had not mentioned that the detenue also has a legal right to make a representation to the detaining authority. It would be a technical flaw in the order of detention warranting the release of the detenue.
"In the judgment order of December 21, 2017 (WP-Crl dated 14/2017), this court had taken note of that it is a distressing situation that the detenue is required to be released for certain apparent technical flaws in the order of detention, and the authority does not take note of the relevant provisions of laws while issuing detention orders. Accordingly, the Chief Secretary to the Government of Assam was directed to conduct a detailed inquiry involving all the persons who may have had a role, either constructive or advisory, in the process leading to the detention order involved in the said writ petition, and to make the proper analysis as to why such serious lapses occurred, and upon doing so to make an effective corrective measure that such lapses and lacunae do not occur in the future… In spite of the direction, we again find that the detention order passed in the year 2021 is a repetition of the same technical flaws."
The bench asked the Chief Secretary to the Government of Assam to file an affidavit on or before the next 'returnable date' as to what analysis and what corrective measures have been undertaken, and if yes, why the same technical lapses had again occurred in the preventive detention of the year 2021 involved in this petition.
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