TELI YAMANG Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. S Mow, learned counsel for the petitioner. Also heard Mr. S Tapin, learned Senior Government Advocate for the State respondents.

(2.) The petitioner has filed the present writ petition assailing the detention order dtd. 8/5/2023 being No. DM/ICC/APUAPA/01/2023-4 issued under Sec. 3(1) of the Arunachal Pradesh Unlawful Activities (Prevention) Act, 2014, (hereinafter referred as 'the APUAPA') as well as the order dtd. 20/5/2023 being No. DM/ICC/APUAPA/01/2023-5 passed by the District Magistrate, Capital: Itanagar, issuing proclamation against under Sec. 82 of the Cr.P.C. and declaring her as proclaimed offender under Sec. 7 of APUAPA.

(3.) The background fact, of issuing the impugned proclamation and detention order was that a group of individuals have declared 3 (three) days Capital Bandh from 10th to 12/5/2023 to persuade their various demands with the Government, in connection with the paper leakage case of Arunachal Pradesh Public Service Commission (APPSC). Thereafter, the District Magistrate, Capital: Itanagar had declared the aforesaid Capital Bandh on 27/12/2022 as illegal and prohibited the same under the law. In doing so, the District Magistrate had relied upon a decision of Supreme Court in Civil Appeal No. 7728/29 of 1997 (CPI Vs. Bharat Kumar and Ors.) inasmuch as in the aforesaid judgment, Hon'ble Supreme Court had termed any bandh called, given by any political parties or organizations or association or groups or individuals, as unconstitutional and illegal.