SAMINA R. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THE validity of the order of detention dated 15.4.2004 passed by the District Magistrate, South Garo Hills District, Baghmara in exercise of powers under Section 3(1) of the Meghalaya Preventive Detention Act, 1995 (hereinafter referred to the 'Act') and the continued detention of the detenue Sri Tokyo R. Marak is in question.

(2.) WE have heard Mr. AK Das, learned counsel for the petitioner, Mr. U Bhuyan, learned State counsel and Mr. H Rahman, teamed senior Central Government Standing counsel for the Union of India.

(3.) WHILE supporting the State action in their counter, the State respondents have taken a stand that along with the grounds of detention served on the detenu on 15.4.2004, the detenu was also furnished with the information about his right to make a representation against the order of detention and that in any case the detenu could have ascertained about the authorities before whom such representation was required to be submitted. The answering respondents asserted that the representation dated 13.5.2004 was rejected and the decision was communicated to the detenu on 15.6.2004. In reply to the contention that the detenu's representation addressed to the Central Government was not forwarded to it, it has been contended that the detention being under the Act, the decision of the State Government was sufficient. The State respondents have denied the plea that the detaining authority had the power to revoke the detention order till the same was approved by the Government. No counter has been filed by the Union of India.