SMTI. BELINA MARAK Vs. THE DISTRICT MAGISTRATE ,WEST GARO HILLS, WILLIAMNAGAR

JUDGEMENT

(1.) Heard Ms. S.G.Momin, learned counsel appearing for the petitioner and also Mr. N.D.Chullai, learned Sr. GA, assisted by Mr. P.Yobin, learned GA appearing for the State respondents.

(2.) The petitioner is the aunt of the detenu, Shri. Salgra D. Sangma alias Silgra/Kalu. By this writ petition, the petitioner is assailing (i) the detention order dated 18-09-2013 issued by the detaining authority, District Magistrate, West Garo Hills, Tura in exercise of the power conferred upon him under Section 3(1) of the Meghalaya Preventive Detention Act, 1995 for detaining the detenu with immediate effect until further orders, (ii) the order of the State Government dated 27-09-2013 for approving the detention order dated 18-09-2013 in exercise of the power conferred by Sub-Section (3) of Section 3 of the Meghalaya Preventive Detention Act, 1995 and (iii) the order of the State Government dated 12-11-2013 in exercise of the power conferred by Sub-Section (1) of Section 13 of the Meghalaya Preventive Detention Act, 1995 on the recommendation of the Advisory Board for confirming the detention order dated 18-09-2013 and also for continuing the detention of the detenu for a period of three years with effect from 18-09-2013 to 17-09-2016.

(3.) The fact of the case sufficient for deciding the present writ petition is briefly noted. The detenu, Shri. Salgra D. Sangma was arrested by the Garo Hills Police on 16-07-2013 in connection with the FIR i.e. Dalu P.S. case No. 21(6)2013 U/S 364/34 IPC. For that case the detenu was remanded to custody by the concerned Judicial Magistrate. While the detenu was in custody, the District Magistrate, Tura issued the impugned detention order dated 18-09-2013 under the Meghalaya Prevention Detention Act, 1995. For easy reference, the impugned detention order dated 18- 09-2013 is quoted here under: