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Kaziranga protest: Doley held under NSA post-bail; govt cites threat to public order

Kaziranga protest: Doley held under NSA post-bail; govt cites threat to public order

Guwahati, Aug 1: A day after securing bail from a Golaghat court, indigenous rights activist Pranab Doley was detained under the National Security Act (NSA) in connection with protests against a proposed Hyatt hotel near Assam's Kaziranga National Park.

Doley was arrested in Guwahati on July 12 following the June 28 protest at Ingle Pathar, where demonstrators alleged the project threatened the fragile ecology of the UNESCO World Heritage Site and the rights of local communities.

On July 30, the Assam government's Political (A) Department invoked Section 3(2) of the National Security Act, 1980, directing that Doley remain in preventive detention at Golaghat District Jail.

The detention order stated that 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.

It further said the government had concluded that ordinary criminal law was "insufficient to prevent him from continuing such activities", making preventive detention necessary.

The order stated that Doley would be informed of the grounds of detention within the prescribed period and would have the right to make a representation before the State Government and the NSA Advisory Board.

Under the National Security Act, a person can be preventively detained for up to 12 months, subject to periodic review by the Advisory Board.

As the NSA provides for preventive detention rather than criminal punishment, its procedure differs from that governing ordinary criminal arrests.

Along with the detention order, the government also served Doley with the grounds of detention under Section 8(1) of the Act.

The document, accessed by The Assam Tribune, cites his alleged involvement in multiple criminal cases since 2017, accusing him of participating in activities involving public disorder, obstruction of public servants, violence, extortion, criminal intimidation and the promotion of communal tension.

It also alleges that he was involved in road blockades and damage to public property, received suspicious foreign remittances and maintained contacts with foreign nationals.

The document further lists several overseas visits and refers to intelligence reports linking him to multiple protest movements in recent years.

These are allegations contained in the government's grounds of detention and have not been tested or adjudicated by any court.

In its July 29 bail order, however, the Session court took a different view while considering the material placed before it in the June 28 protest case.

Additional Sessions Judge N.M. Abdullah Ahmed observed that although the prosecution alleged Doley and around 50 others had assembled armed with machetes and other weapons during the protest, no such weapons were recovered from his possession.

The court also noted that Doley had already deposited his passport with the investigating agency, reducing the possibility of him absconding.

Granting bail subject to conditions, including cooperating with the investigation and not leaving the district without informing the investigating officer, the judge observed that the dispute appeared to stem from "a deep-rooted anxiety regarding environmental degradation and its impact on the socio-cultural fabric of the local Tea Tribes."

The court further remarked that where ecological conservation intersects with indigenous rights, "the standard apparatus of criminal law cannot be used to suppress local anxieties", adding that true public order is achieved "not by silencing the affected, but by listening to them."

It expressed hope that the dispute would ultimately be resolved through structured dialogue involving all stakeholders and said the participation of community leaders and social activists would help ensure a fair and sustainable resolution.

Doley, a prominent peasants' and indigenous rights activist, has been at the forefront of protests against the proposed luxury hotel project near Kaziranga. He had also contested the Assam Assembly election from Bokakhat against AGP president and Assam minister Atul Bora.

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Disclaimer: This content has not been generated, created or edited by Dailyhunt. Publisher: The Assam Tribune