HENROL M. MARAK Vs. STATE OF MEGHALAYA
HIGH COURT OF MEGHALAYA
Henrol M. Marak
STATE OF MEGHALAYA
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(1.) The instant Writ Petition is directed against the Impugned Detention Order passed by the District Magistrate, West Garo Hills, Tura dated 16.10.2012.
(2.) The petitioner's case in a nutshell is that:
"The Writ petitioner herein is the brother of the detenue who is booked under the Meghalaya Preventive Detention Act. The State Respondents under the suspicion that the detenue belongs to some unauthorized anti-social militant group has booked him under the above said Act detaining him for a period of three years. The detenue was arrested by the Tura police without warrant on the 12th October 2012 and was kept under the Judicial custody and in the meanwhile on 16th October 2012 the District Magistrate, West Garo Hills, Tura passed the Impugned Detention Order detaining the petitioners brother under the Act. The detenue is a young boy of 20 years studying in class XI and will be appearing in the forthcoming examinations. The Impugned Detention Order suffers from various lapses as the Detaining Authority failed to follow the procedure laid down to be followed in the Preventive Detention Law. The petitioner herein being aggrieved by the said detention order dated 16th October 2012 file this instant petition challenging the same on various grounds."
(3.) The learned counsel, Ms. S.G. Momin appearing for and on behalf of the petitioner argued that, in this instant case the petitioner was not informed about his right to make Representation to Detaining Authority, the State Government and Central Government. Inspite of the fact, the Accused made a Representation on 19.10.2012 addressed to the District Magistrate, West Garo Hills, Tura, Political Department, Government of Meghalaya, Principal Secretary/Commissioner & Secretary, Meghalaya Secretariat, Shillong and to the Advisory Board at Gauhati High Court, Assam.;
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