SILLEYNISH CH SANGMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Judgment & Order is directed against the impugned Detention order dated 21.11.13 as well as the Grounds of Detention dated 21.11.13.

(2.) The petitioner's case in nut shell is that, "on 21.11.13, the husband of the petitioner namely; Shri. Salim M Sangma, the detenue was booked under MPDA, 1995 by the respondent District Magistrate. The Detention Order as well as the Grounds of Detention were issued and the detenue was kept in District Jail, Jowai until further orders. The Detention Order was approved by the orders of the Governor through the Under Secretary to the Government of Meghalaya, Political Department and subsequently confirmed by the Governor of Meghalaya (Annexures- 1,2,3 & 4). The detenue was granted bail by the Court of CJM (K), Guwahati in connection with Kheri P.S. Case No. 131(6) 2012 on 09.12.13 (Annexures 5 and 5A) and was also granted bail by the Court of Additional Magistrate, Resubelpara in connection with Mendipathar P.S. Case No. 42 (5) 2013 on 23.10.13 (Annexure-6). The Governor of Meghalaya had issued guidelines for detention under MPDA through the Officer on Special Duty to the Govt. of Meghalaya, vide Guidelines dated 17.10.08. The detenue could not file any representation as he was never explained about his right to make representation before the Detaining Authority, the State Respondent, the Advisory Board and the Central Government and thereby denied of his right and was also not supplied with the necessary documents supporting the grounds of detention and being aggrieved by the impugned Detention Order (Annexure-I) prefers to file this Writ Petition through his wife praying for setting aside and quashing the impugned Detention Order, Grounds of Detention, Approval Order as well as Confirmation Order at Annexures 1, 2, 3 & 4 respectively and also praying for releasing him from detention".

(3.) At the outset, it has been noted that the petitioner herein namely; Silleynish Ch Sangma is the wife of the detenue.