The Gauhati High Court on Friday quashed the detention of indigenous and land rights activist Pranab Doley under the National Security Act (NSA), paving the way for his release after 115 days in custody. A division bench comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund delivered the judgment, which sharply criticized the procedural handling of the case by the Assam state government.
Doley, who serves as the convener of the Greater Kaziranga Land and Human Rights Committee, had been vocal in his opposition to a proposed luxury hotel project near the Kaziranga National Park. His involvement in protests led to his initial arrest by the Golaghat Police on July 12. Although a local court granted him bail on July 29, the state government invoked the NSA against him the following day, citing concerns regarding public order and state security.
In its detailed order, the High Court observed that the detaining authority had failed to apply its mind to whether standard legal procedures were insufficient to address Doley’s activities. The court further noted that the detention order relied heavily on “stale criminal cases,” highlighting that Doley had already been acquitted in nine of the thirteen cases cited by the government to justify his confinement. Only three of the cases were noted as active proceedings, with just one currently at the evidence stage.
The judgment remarked that the authorities had adopted a “shortcut” to ensure Doley remained in custody despite the lack of current, substantial grounds. Furthermore, the court addressed the government’s claims regarding Doley’s international travel and foreign exchange receipts. The bench stated that the administration failed to provide specific details linking these activities to anti-India sentiment or threats to national security, emphasizing that frequent foreign visits alone do not constitute grounds for preventive detention or the curtailment of fundamental rights.
Regarding allegations of road blockades and damage to public property, the court held that the government’s claims were vague and lacked material particulars. Senior advocate Santanu Borthakur, representing Doley, pointed out that the state’s failure to provide essential detention documents served as an additional legal basis for the High Court to quash the order. The ruling underscored the necessity for authorities to substantiate claims of public order disturbances with concrete evidence rather than generalized allegations.
The controversy surrounding the detention also drew attention to the earlier bail order issued by an Additional Sessions Judge in Golaghat. During that hearing, the court had observed that available video footage did not substantiate claims of a direct attack on police personnel by protestors. The judge had also noted that no “deadly weapons,” as alleged by the police, had been recovered during the investigation.
As of Friday, the 40-year-old activist was set to be released. The High Court's decision highlights ongoing tensions regarding land rights and developmental projects in the ecologically sensitive Kaziranga region, as well as the scrutiny applied to the use of the National Security Act in civil protests. The state government has not provided immediate details on whether it intends to challenge the High Court’s findings.
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