KOMAR T. SANGMA Vs. THE STATE OF MEGHALAYA

JUDGEMENT

(1.) By this writ petition, the petitioner/detenu is challenging (1) the detention order dated 14-1-2014 issued by the District Magistrate, East Garo Hills District Williamnagar under Section 3(1) of the Meghalaya Preventive Detention Act 1995 for detaining the petitioner detenu with immediate effect. (2) approval order of the Govt. of Meghalaya dated 24-1-2014 issued in exercise of the power conferred by sub-section (3) of Section 3 of the Meghalaya Preventive Detention Act 1995 and also (3) confirmation order of the Govt. of Meghalaya dated 4-3-2014 on the 3 (three) grounds : (i) Procedural safeguards to be adopted in the case of the detention are not followed by the detaining authority in the given case (ii) There was non-application of mind in issuing the detention order inasmuch as there is not even a whisper in the detention order that the detaining authority has subjective satisfaction that the detenu who had already been in custody and whose bail petitions had been rejected on many occasions is likely to be released on bail and therefore, the preventive detention order is required, for detaining the detenu under Meghalaya Preventive Detention Act, 1995, and; (iii) The representation filed by the detenu, which is required to be disposed of expeditiously as guaranteed under Article 22(5) of the Constitution of India, was not disposed of expeditiously. In other words, there was an inordinate delay, for which there is no explanation from the side of the respondents, in disposing the representation filed by the detenu.

(2.) Heard Mr. S. Dey, learned counsel appearing for the petitioner/detenu and also Mr. H. Kharmih, GA, appearing for the respondents.

(3.) The petitioner/detenu is a citizen of India belonging to the Garo Scheduled Tribe and is a permanent resident of Jongmergre Samanda Village, East Garo Hills District. One Sub-Inspector of the Williamnagar Police Station lodged an ejahar on 8-10-2013 for a bomb blast incident on 8-10-2013 to the Williamnagar Police Station; and a criminal case being FIR or Criminal Case No. 81 (1) 2013 under Sections 353/307, 34, IPC read with Section 3 of the Explosive Substances Act, was registered. On 28-11-2010, the petitioner/detenu was arrested by the Police Personnel, Williamnagar Police Station alleging that the petitioner/detenu was involved in the said criminal case, i.e. Williamnagar Police Case No. 81(10) 2013. The petitioner/detenu was remanded in police custody.