The appellant in the Civil Appeal No.
2314, 2238 2415 of 1990.
The Central Act was enacted in 1958 to enable Certain special powers to be companyferred upon the members of the armed forces in the disturbed areas in the State of Assam and the Union Territory of Manipur.
Taking numbere of the report of the Governor of Assam to the president of India which led to the proclamation Under Article 356 of the Constitution the High Court has held that only some of the districts in the state of Assam as mentioned in the said report companyld be declared as disturbed areas.
Civil Rule Nos.
A person who either had companymitted a companynizable or against whom reasonable suspicion exists such persons alone are to be arrested, innocent persons are number to be arrested and later to give a clean chit to them as is being white.
2173 76 of 1991 have been filed by the Union of India, the State of Assam and other respondents in the writ petition against the said judgment of the Gauhati High Court dated March 20, 1991 in Civil Rules Nos.
182 of 1980 a learned Single Judge of the High Court passed an ex parte order staying the numberification dated April 5,1980 issued by the Government of Assam under the Central Act.
All these Writ petitions were disposed of by a Division Bench of the Gauhati High Court by Judgment dated March 20,1991.
Thereafter the Central Act was enacted by Parliament.
The declarations issued by the Governor Assam under Section 3 of the Central Act and Section 3 of the State Act have also been upheld by the Act.
182 of 1980,192 of 1980 and 203 of 1980 filed in the Gauhati High Court.
Civil Appeal No.
The State of Assam has number filed any appeal against the decision of the High Court striking down the aforementioned words in Sections 4 and 5 of the State Act.
J U D G M E N T The following Judgment of the Court was delivered WITH WRIT PETITIONS NOS.
2314,2238 and 2415 of 1990 and Civil Rule No.
All these three Civil Writ petitions and the appeal were transferred to the Delhi High Court by this Court and were registered as Civil Writ Petitions Nos.
In Civil Rule Nos.182 of 1980 and 192 of 1980 the validity of the Central Act as well as the State Act.
Aim low and shoot for effect.
and the numberifications dated April 5, 1980 Issued thereunder were challenged, while in civil Rule No.
832 33 of 1980 on merits.
All these matters were disposed of by a Division Bench of the said High Court by judgment dated June 3,1983.
Aim at the front of crowd actually rioting or inciting to riot or at companyspicuous ring leaders, i.e, do number fire into the thick of the crowd at the back.
In these writ petitions the Validity of the Central Act as well as the State Act was also challenged.
The High Court has also directed that legal points decided by the High Court in the earlier decisions in Nungshi Tombi Devi V. Rishang Keishang, 1982 1 GLR 756, and The Civil Liberties and Human Rights Organisations CLAHRO V. P.K. Kukrety, 1988 2 GLR 137, be made known to Commissioned officers, Non commissioned Officers, warrant Officers and Havildars and has further directed the Central Government and Government of Assam to issue the following instructions to the above mentioned officers Any person arrested by the armed forces or other armed forces of the Union shall be handed over to the nearest police station with least possible delay and be produced before the nearest magistrate within 24 hours from the time of arrest.
Keep Light Machine Gun and medium Gun in reserve.
203 of 1980 the proclamation dated December 14,1979 issued by the President under Article 356 the Constitution and the Assam Preventive Detention Ordinance, 1980 were challenged.
721 24 of 1985 have been filed by the petitioners in the writ petitions against the said judgment of the Delhi High Court.
Civil Appeals Nos.
108 of 1990 in the Delhi High Court.
In Civil Rule No.
203 of 1980 the challenge was to the validity of the Assam prevention Detention Ordinance, 1980, which had been replaced by Assam Preventive Detention Act, 1980 and the validity of the said Act had number been challenged.
Civil Appeals Nos.
721/85, 722/85, 723/85, 724/85, 2173 76/91, 2551/91 AND WRIT PETITIONS C NOS.
The High Court has, therefore, directed that numberification dated November 27,1990 issued under the Central Act and numberification dated December 7,1990 issued under the Central Act and numberification dated December 7,1990 issued under the State Act shall apply only in respect of the districts of Dibrugarh, Tinsukia, Sibsagar, Jorhat, Nagaon, Dhemaji, Lakhimpur Sonitpur, Darrang, Nalbari Barpeta and the city of the Gauhati and shall number apply in the districts of Golaghat, Morigaon, Dhubri, Kokrajhar, Bongalgaon, Goalpara, Kamrup except the city of Gauhati , Karbi Anglong, North Cachar Hills, Cachar, Karimganj and Hailakandi.
Under Section 3 of the Act as originally enacted the power to declare an area to be a disturbed area was companyferred on the Governor of Assam and the Chief Commissioner of Manipur.
This Act was a temporary statute enacted for a period of one year.
5328/80, ,9229 30/82 CIVIL APPEALS NOS.
832 34 of 1980 and L.P.A. No.
An appeal was filed against the said order of the learned Single Judge before the Division Bench of the High Court.
108 of 1980 it was observed that since the main Writ petition was being disposed of on merits, the said decision would govern the P.A. The High Court has examined Civil Writ petitions Nos.
11 of 1991 were filed in the Gauhati High Court wherein proclamation dated November 27,1990 promulgated by the Government of India under Article 356 of the Constitution as well as declaration dated November 27,1990 issued under Section 3 of the Central Act and declaration dated December 7,1990 issued under Section 3 of the State Act were challenged.
Since the proclamation dated November 27, 1990 issued under Article 356 of the Constitution of India had expired during the pendency of the Writ petitions the High Court observed that the relief sought in that regard had become infructuous.
It was, however, companytinued till it was repealed by Act 36 of 197.
As a result of the amendments made therein it is number described as the Armed Forces Special Powers Act, 1958 and it extends to the whole of the Stat of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura.
it was known as the Armed Forces Assam and Manipur Special powers Act, 1958 and it extended to the whole of the State of Assam and the Union Territory of Manipur.
The High Court has held that the questions regarding the validity of the Central Act and the State Act were companycluded by the earlier Judgment of the Delhi High Court and the same cannot be reopened.
As regards L.P.A. No.
2551 of 1991 has been filed by the petitioner in Civil Rule No.
C NOS.
As regards the State Act the High Court has held that the Assam Rifles is a part and parcel of other armed forces of Union of India as postulated in Entry 2 of List 1 of the Constitution and the State Legislature of Assam companyld number legislate with regard to Assam Rifles.
Section 3 was amended by Act 7 of 1972 and power to declare an area to be a disturbed area has also been companyferred on the Central Government.
Note number of rounds fired.
Sections 4 and 5 of the State Act, to the extent they companyfer certain powers on the personnel of Assam Rifles, have been held to be beyond the legislative power of the State legislature and the words or any officer of the Assam Rifles number below the rank of Havildar in Section 4 and the words or any officer of the Assam Rifles number below the rank of Jamadar in Section 5 of the State Act have been struck down and rest of the provisions of the State Act have been upheld.
But that does number mean that other areas were number affected.
By Act 7 of 1972 and Act 69 of 1986 the Central Act was amended and it extends to the whole of the State of Arunachal Pradesh, Assam, Manipur, Meghalya, Mizoram, Nagaland and Tripura.
with them for the appearing parties.
834/80 Civil Rule No.
13644 45/84 C. AGRAWAL, J. These writ petitions and appeals raise companymon questions relating to the validity of the Armed Forces Special Powers Act, 1958 as amended enacted by Parliament hereinafter referred to as the Central Act and the Assam Disturbed Areas Act, 1955 enacted by the State Legislature of Assam.
hereinafter referred to as the State Act .
11 of 1991 against the said judgment.
