Indigenous Rights Activist Pranab Doley Detained Under NSA After Bail

Detention of Pranab Doley

Guwahati, Aug 1: Following his release on bail from a Golaghat court, indigenous rights advocate Pranab Doley has been detained under the National Security Act (NSA) due to his involvement in protests against a proposed Hyatt hotel near Kaziranga National Park in Assam.

Doley was taken into custody in Guwahati on July 12 after a protest on June 28 at Ingle Pathar, where participants expressed concerns that the hotel project could jeopardize the delicate ecosystem of the UNESCO World Heritage Site and infringe upon the rights of local residents.

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

The detention order indicated that authorities believed Doley's actions posed a threat to public order and state security, asserting there was a "real and imminent possibility" of him continuing such actions if released.

It further stated that conventional criminal law measures were deemed inadequate to prevent him from persisting in these activities, thus necessitating his preventive detention.

The order also mentioned that Doley would be informed of the reasons for his detention within the stipulated timeframe and would have the opportunity to appeal to the State Government and the NSA Advisory Board.

Under the provisions of the National Security Act, an individual can be held in preventive detention for a maximum of 12 months, subject to periodic reviews by the Advisory Board.

Since the NSA allows for preventive detention rather than punitive measures, its procedures differ from those applicable to standard criminal arrests.

Alongside the detention order, Doley was provided with the grounds for his detention as per Section 8(1) of the Act.

The document, which was reviewed, outlines his alleged involvement in various criminal activities since 2017, including public disorder, obstruction of public officials, violence, extortion, intimidation, and inciting communal tensions.

It also claims he participated in road blockades, caused damage to public property, received questionable foreign funds, and maintained connections with foreign individuals.

Additionally, the document lists several international trips and refers to intelligence reports linking him to various protest movements over the years.

These allegations are part of the government's detention grounds and have yet to be examined or validated by any court.

However, in a bail ruling on July 29, the Sessions court expressed a different perspective based on the evidence presented in the June 28 protest case.

Additional Sessions Judge N.M. Abdullah Ahmed noted that while the prosecution claimed Doley and approximately 50 others were armed with machetes and other weapons during the protest, no such weapons were found in his possession.

The court also highlighted that Doley had surrendered his passport to the investigating agency, which diminished the likelihood of him fleeing.

Granting bail with conditions, including cooperation with the investigation and notifying the investigating officer before leaving the district, the judge remarked that the conflict seemed rooted in "a deep-seated concern regarding environmental degradation and its effects on the socio-cultural fabric of the local Tea Tribes."

The court further stated that where ecological preservation intersects with indigenous rights, "the standard mechanisms of criminal law cannot be employed to silence local concerns," emphasizing that genuine public order is achieved "not by silencing the affected, but by listening to them."

It expressed hope that the issue would ultimately be resolved through structured dialogue involving all parties and noted that the engagement of community leaders and social activists would be crucial for a fair and sustainable resolution.

Doley, a well-known advocate for peasants' and indigenous rights, has been actively protesting against the luxury hotel project near Kaziranga. He previously ran for a seat in the Assam Assembly from Bokakhat, challenging AGP president and Assam minister Atul Bora.