The Gauhati High Court has quashed the preventive detention of activist Victor Das under the National Security Act (NSA) and ordered his immediate release, observing violations of constitutional safeguards.
A Division Bench of the court held that the authorities failed to properly inform Das of his right to make a representation before the detaining authority, which amounts to a breach of Article 22(5) of the Constitution. The court also noted “unreasonable and unexplained delay” on the part of both the State and Central governments in considering his representations, stressing that even a single day’s unjustified delay is impermissible in preventive detention matters.
Victor Das was detained under the NSA in October 2025 over allegations that he mobilised protests and instigated unrest. Although he had earlier secured bail in related criminal cases, the preventive detention order kept him in custody.
Setting aside the detention order, the High Court directed that Das be released forthwith if he is not required in connection with any other case.
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