BILIT R. MARAK Vs. STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) Heard Ms. S.G.Momin, learned counsel appearing for the petitioner and also Mr. K.S.Kynjing, learned AG, appearing for the respondents No. 1 and 2. None appears for the respondent No.3.

(2.) The petitioner is the brother-in-law of the detenu (Shri. Bappu D. Sangma). By this writ petition, the petitioner is challenging the impugned detention order dated 09-09-2013 issued by the detaining authority i.e. the District Magistrate, North Garo Hills District, Resubelpara in exercise of his powers conferred upon him under Section 3 (1) of the Meghalaya Preventive Detention Act, (for short MPDA), 1995, for detaining the detenu i.e. the petitioner's brother-in-law, (ii) the impugned order of the Government of Meghalaya dated 19-09-2013 under Sub-section (3) of Section 3 of the MPDA, 1995, for approving the impugned detention order dated 09- 09-2013 and (iii) the impugned order of the State Government dated 05-11-2013 for confirming the impugned detention order dated 09-09-2013 and continuing the detention of the detenu for a period of 3(three) years w.e.f. 09-09-2013 to 08- 09-2016.

(3.) The object of law of preventive detention is not punitive but only preventive. Preventive detention is an anticipatory measure and does not relate to an offence. It is resorted when the Executive is convinced that such detention is necessary in order to prevent the persons detained from acting in a manner prejudicial to certain objects which are specified by the law. The framers of the Constitution, being aware that preventive detention involves a serious encroachment on the right to personal liberty, took care to incorporate, in clauses (4) and (5) of Article 22, certain minimum safeguards for the protection of persons sought to be preventively detained. These safeguards are required to be "zealously watched and enforced by the Court". The Apex Court in Rattan Singh v. State of Punjab, 1981 4 SCC 481 observed that: