LAWS(GAU)-2004-6-39

RINAT SANGMA Vs. STATE OF MEGHALYA

Decided On June 22, 2004
RINAT.SANGMA Appellant
V/S
STATE OF MEGHALAYA Respondents

JUDGEMENT

(1.) Heard Mr. S. Siddique, learned counsel for the petitioner and Mrs. B. Dutta, learned Govt. Advocate, Meghalaya for the respondents.

(2.) The son of the petitioner Shri Rina T. Sangma was detained on 05.09.2003 by detention order dated 05.09.2003 in exercise of powers detention; he has made representation to the State Government, which was rejected by order dated 13.10.2003. Aggrieved by the said order, the present habeas corpus petition is filed.

(3.) The only submission made by the learned counsel for the petitioner before us is that the Additional District Magistrate of South Garo Hills District, who has been holding the charge of District Magistrate, does not have the authority under the law to pass an order of detention under the Act of 1995, he not being the District Magistrate.