BABING BEYONG Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) By filing this application under article 226 of the Constitution of India in the nature of Habeas Corpus, the petitioner, brother-in-law of the detenue Sri Tagyung Yangfo; has challenged the detention orders dated 24,12.2014 and 5.3.2015 passed by the Deputy Commissioner, East kameng District, Seppa.

(2.) On the basis of an FIR lodged by one Sri Tasang Taku, President of the East Kameng Chambers of Commerce and Industry; Seppa P.S. Case No. 127/2014 under sections 452/326/307/394 and 34, IPC was registered. On the same date, the District Magistrate, East Kameng District, Seppa passed the impugned order declaring the detenue as 'Unlawful Person' in terms of the provisions of Arunachal Pradesh Unlawful Activities (Prevention Act) 2014. The detenue was also directed to appear before the Superintendent of Police, Seppa, on or before 26.12.2014.

(3.) The detenue could only be arrested by Seppa Police on 23.2.2015 at Itanagar in connection with Seppa P.S. Case No. 127/14 and on the strength of another detention order dated 16.2.2015 passed by the District Magistrate. Prior to arrest of the detenue on 16.2.2015, the District Magistrate issued another order directing the detenue to surrender/ appear before the Superintendent of Police on or before 19.2.2015. On arrest of the detune, on 23.2.2015, the Superintendent of Police intimated the District Magistrate that seven cases so far have been registered against the detenue since 2010. Thereafter, the impugned detention Order dated 5.3.2015 was issued by the said District Magistrate and it was sent to the State Government for approval on the same day. The order dated 5.3.2015 was duly approved by the State Government and the order was sent to the Advisory Board which also approved the said detention order. Thus, the Government confirmed the order within the stipulated period.