Assam invokes NSA against activist after bail in Kaziranga hotel protest case

The Assam government has invoked the National Security Act (NSA) against land rights activist Pranab Doley, a day after a local court granted him bail in connection with protests against a proposed luxury hotel project adjoining Kaziranga National Park. Doley remains in detention in Golaghat district jail.

The NSA is a preventive detention law that permits authorities to detain a person for up to 12 months without trial if their actions are considered prejudicial to public order and security. The order against Doley cites a report by the Superintendent of Police, Golaghat, stating that his activities "are prejudicial to the maintenance of public order as well as security of the state".

Doley, a prominent leader of the indigenous Tea Tribe community, was arrested on July 12 in connection with a June 28 protest by activists and local residents against the construction of a luxury hotel in Inglay Pathar, adjacent to Kaziranga National Park. He has opposed the project for years, citing its potential ecological impact on the UNESCO World Heritage site and the threat of displacement of indigenous villagers.

According to the First Information Report, Doley and about 50 others allegedly trespassed on the project site, being "armed with deadly weapons like machete, sharp sticks", attempted to set fire to a cement mixer, and assaulted police personnel on duty. The allegations also include instigating the crowd and threatening further agitation.

In a July 29 order granting bail, Additional Sessions Judge in Golaghat observed that there was a prima facie absence of video footage corroborating these allegations, and that no "deadly weapon" had been seized by the investigating officer. The judge further noted: "In matters where ecological preservation intersects with indigenous survival, the standard apparatus of criminal law cannot be used to suppress local anxieties. True public order is achieved not by silencing the affected, but by listening to them."

The court expressed the expectation that the underlying grievance be addressed through structured peaceful community dialogue involving all stakeholders, rather than adversarial confrontation. "In such a scenario, treating the activists or community leader as 'external disruptive element' will not yield any fruitful result in the long run," the order stated.

However, before Doley could be released, the state government issued the NSA detention order. The grounds of detention list 13 cases registered against him in Golaghat district, including charges of unlawful assembly, rioting, and criminal intimidation. They further allege that Doley has been "found to be involved in various activities starting from road blockades to damage of public properties with an intent to create lawlessness for your personal and vested interests."

The use of the NSA against activists has been criticised by civil liberties groups, who say it curtails fundamental rights and bypasses judicial review. In this case, the court's bail order had already questioned the criminal charges, but the executive has used a separate preventive law to keep Doley in custody.

The proposed hotel project has been a flashpoint in Assam, where local communities and environmental activists have raised concerns about unchecked development in ecologically sensitive zones. Kaziranga National Park, home to the endangered one-horned rhinoceros, attracts tourists from around the world, but the region also faces challenges of land rights and displacement of indigenous groups.

Doley's legal team is expected to challenge the NSA order before the Gauhati High Court. The case underscores the ongoing tension between conservation efforts, development ambitions, and the rights of indigenous communities, as well as the extent of executive power in maintaining public order.