CHAMPION R. SANGMA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) "This intra-court appeal is directed against the judgment and order of the learned single Judge dated 3.06.2013 dismissing the W.P. (Crl) No.4/2013 filed by the appellant/writ petitioner assailing the detention order dated 29.01.2013, order of the State Govt. dated 05.02.2013 for approving the detention order and also the order of the State Govt. dated 15.03.2013 for conforming the detention order and also for fixing the period of detention for three years w.e.f. 29.01.2013.

(2.) Heard Mr. V. K. Jindal, learned senior counsel assisted by Mr. S. Dey, learned counsel for the appellant/writ petitioner and Mr. K. S. Kynjing, learned Advocate General assisted by Mr. S. Sen Gupta, learned GA appearing for the respondent Nos. 1 & 2.

(3.) The fact, sufficient for deciding the present appeal, is that the appellant/writ petitioner Shri. Champion R. Sangma is not an ordinary citizen and he was a Senior Police Officer of the rank of Deputy Superintendent of Police in the Police (Home) Department in the State of Meghalaya. The appellant/writ petitioner being the Senior Police Officer is not ignorant of the criminal law and other laws more particularly, the provisions under the Meghalaya Preventive Detention Act, 1995 (for short "MPDA, 1995"). No doubt, the appellant/writ petitioner is entitled to all the rights, privileges and protections guaranteed under the Constitution of India and other laws framed thereunder. On 30-07-2012, one Shri. K. Shabong, Sub-Inspector Special Cell, East Khasi Hills District lodged an ejahar with the Officer-in-Charge, Pynursla Police Station that he was deputed on 29.07.2012 to conduct Naka with the Special Cell Team at Umkrem "Pyrdiwah Axis" and at about 6:00 a.m, one person who was seen suspiciously moving in the forested area was apprehended. After apprehension, he identified as Champion R. Sangma, Chairman of a dreadful terrorist organization called "Garo National Liberation Army" (GNLA) and that terrorist organization is also a banned organization under the Unlawful Activities (Prevention) Act, 1967 (for short "U.A.(P) Act, 1967"). Based on the said ejahar, FIR i.e. Pynursla PS Case No.25 (7) 2012 under Sections 16, 38(1) and 38(2) of the U.A.(P) Act, 1967 and Section 12 of the I.P. Act was registered. The appellant/writ petitioner was also arrested in connection with (i) Nongstoin Police Station Case No.9(2) of 2012 under Sections 121A/353/307/34, IPC r/w Section 10/13 of the U.A. (P) Act, 1967 and Section 27(2) of the Arms Act and (ii) Nongstoin Police Station Case No.10(2) of 2012 under Sections 121 A/302/34 IPC r/w Section 10/12 of the U.A.(P) Act, 1967 and 27 of the Arms Act on 03.09.2012 and thereafter, the appellant/writ petitioner is facing the session trial.