LALTLUANGA D SHIRA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The Habeas Corpus petition has been Initiated by the father of the detenu namely Shri Ashabel D. Shiva alias Janggo challenging his detention order under sub-section (1) of Section 3 of the Meghalaya Preventive Detention Act, 1995 passed by the District Magistrate, West Garo Hills, Tura.

(2.) The detention order reads as follows :

(3.) We have heard Mr, D. Das, learned counsel for the petitioner and also Mrs. B. Dutta, learned cdunsel for the State of Meghalaya. Mr. Das, learned counsel raised two grounds in support of the writ petition which appear to have been taken care of initially by a Division Bench of this Court by the order dated S-11-2003. The Court by the aforesaid order directed the respondent State to file additional affidavit to explain the delay in transmitting the representation addressed by the detenu to the Chief Secretary and in transmitting the parawise comment prepared by the District Magistrate. Tura to the Political Department. It may be mentioned here that the representation filed on 24-6-2003 was received by the Government on 10-7-2003 while the parawise comment prepared on 17-7-2003 by the District Magistrate was received by the Political Department on 18-8-2003. In response, the Secretary to the Government of Meghalaya Political Department the District Magistrate Tura and the concerned Jail Superintend ent filed three affidavits. Before the afore said three. affidavits are dealt with, it is con sidered imperative to capitulate hereinbelow the grounds in derails on which the writ petition has been founded.