Back
IN THE HIGH COURT OF GAUHATI
Aftab H. Saikia and P.K. Musahary, JJ.
Lang Kamdeng Gracy
Vs.
State of Meghalaya and Ors.
Decided On : 13.11.2007
Habeas Corpus - Detention under Meghalaya Preventive Detention Act, 1995 - Section 3(1) - 384/34 IPC, 384/511 IPC, 365/384/506 IPC - The court set aside and quashed the impugned detention order dated 23.8.07 and ordered the detenu to be set at liberty forthwith.
Fact of the Case:
The detenu, a permanent resident of Meghalaya, was detained under Section 3(1) of the Meghalaya Preventive Detention Act, 1995, based on his alleged involvement in criminal activities. The detenu challenged the detention order on the ground of non-disposal of his representations by the concerned authorities.
Finding of the Court:
The court found that the representations submitted by the detenu were not disposed of within a reasonable time, causing an inordinate delay of 32 days. The court held that the delay in disposing of the representations vitiated the detention and set aside the impugned detention order.
Issues: The primary issue was the non-disposal of the detenu's representations by the concerned authorities, which led to the challenge of the detention order.
Ratio Decidendi: The court emphasized the constitutional right of a detenu to have his representation considered and disposed of expeditiously, as mandated by Article 22 of the Constitution of India and Section 8 of the Meghalaya Preventive Detention Act, 1995. The court held that the inordinate delay in disposing of the representations rendered the detention unconstitutional and illegal.
Final Decision: The court set aside and quashed the impugned detention order dated 23.8.07 and ordered the detenu to be set at liberty forthwith.
Aftab H. Saikia, J.
1. Heard Mr. A.K. Bhattacharjee, learned Senior Counsel assisted by Mr. B.K. Singh, learned Counsel appearing on behalf of the petitioner as well as Mr. R. Goswami, learned Senior Government Advocate for the respondents, State of Meghalaya. None appears for the Union of India, despite notice.
2. The legality and correctness of the detention of Sri Bernard N. Marak, son of Sri Jyotishmoy Dutta (hereinafter referred to as the 'detenu'), a permanent resident of village-Akhhonggre under Tura Police Station in the West Garo Hills District, vide impugned order dated 23.8.2007 issued by the District Magistrate, West Garo Hills District, Tura under Section 3(1) of the Meghalaya Preventive Detention Act, 1995, as amended (for short, 'the Act') has been challenged in this Habeas Corpus petition preferred under Article 226 of the Constitution of India.
3. The factual matrix in a short campus is that the detenu was arrested on 17.8.07 in connection with a criminal case being Tura P.S. Case No. 88(8)/07 Under section 384/34 IPC and was kept in police custody. Since those offences were non-bailable, the detenu was not released on bail and he was kept in continuous police custody. Besides the above police case, the detenu was shown arrested in connection with Tura P.S. Case No. 60 (7)/06 Under section 384/511 IPC wherein he was granted bail vide order dated 22.8.07. Another case was registered against the detenu being Tura P.S. Case No. 39(4)/07 Under section 365/384/506 IPC wherein he was granted the privilege of pre-arrest bail by the learned Additional District Magistrate (J), West Garo Hills District vide order dated 11.4.07. While the detenu was in incarceration in connection with Tura P.S. Case No. 88(8)/07, he was served with the impugned order dated 23.8.07 and since then he is in judicial custody in terms of the provision of the Act.
4. The impugned order of detention dated 23.8.07 maybe extracted as under:
GO VERNMENT OF MEGHALAYA
OFFICE OF THE DISTRICT MAGISTRATE
:WEST GARO HILLS: TURA
ORDER UNDERSECTION 3(1) OF THE
MEGHALAYA PREVENTIVE
DETENTION ACT 1995
Whereas I am satisfied that in respect of the person known as Shri Bernard N. Marak s/o Jyotishmoy Dutta, Akhonggre, Tura P.S., Tura West Garo Hills District arms training and was an active cadre who is involved in kidnapping and extortion of huge amount of money from various business community of Tura and other parts of the District and also caused intimidation and coercion of traders, labourers, truck drivers, other section, who is also involved in various cases registered with Police Stations viz., (one) Tura P.S. Case No. 60(7)/06 Under section 384/ 511 IPC (Two) Tura P.S. Case No. 39(4)/07Under section 365/384/506 IPC and (Three) Tura P.S. Case No. 88 (8)/07 Under section384/34 IPC and that if he is allowed to remain at large he will continue to act in a manner prejudicial to the security of the State and maintenance of supplies and services and public order and it is necessary that he be detained and being so satisfied.
Now therefore in exercised of powers conferred upon me under Section 3(1) of the Meghalaya Preventive Detention Act, 1995,1, Shri P. Sampath Kumar, District Magistrate, West Garo Hills, Tura do hereby direct that the said Shri Bernard N. Marak be detained with immediate effect and until further orders at the District Jail, Jowai in the district of Jaintia Hills, Meghalaya.
Given under my hand and seal this 23rd August, 2007.
(P. Sampath Kumar)
District Magistrate,
West Garo Hills, Tura
5. Along with the detention order, the detenu was served with the grounds of detention by the District Magistrate, West Garo Hills District, Tura, which run as follows:
"GOVERNMENT OF MEGHALAYA
OFFICE OF THE DISTRICT MAGISTRATE
:WEST GARO HILLS: TURA
No. CB.30/07/8 Dated Tura, the 23rd August, 2007
To,
Shri Bernard N. Marak, S/o Jyotishmoy Dutta of Akhonggre P.S. Tura, West Garo Hills District.
In pursuance of the provisions of Section 8( 1) of the Meghalaya Preventive Det
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
