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2014 DIGILAW 30 (MEG)

Benhur M. Sangma v. State of Meghalaya

2014-03-13

PRAFULLA C.PANT

body2014
Judgment Prafulla C. Pant, C.J. By means of this writ petition, the petitioner has prayed for writ in the nature of Habeas Corpus, and further sought quashing of the detention order dated 29.09.2013 passed under Section 3 of Meghalaya Prevention of Detention Act, 1995, by the Deputy Commissioner/District Magistrate, West Garo Hills, Tura. Brief facts of the case are that the petitioner Benhur M. Sangma was arrested on 08.09.2013 in connection with Tura PS Case No. 115(6) 2013, Tura PS Case No. 116(6) 2013, Tura PS Case No. 114(6) 2013, Tura PS Case No. 117(6) 2013 and Tura PS Case No. 120(6) 2013. Thereafter, impugned detention order dated 29.09.2013 was passed by the Deputy Commissioner/District Magistrate, West Garo Hills, Tura under Section 3(1) of Meghalaya Preventive Detention Act, 1995. The petitioner has challenged his detention and sought quashing of the detention order passed by respondent No. 2 (District Magistrate, West Garo Hills, Tura). 2. Learned counsel for the petitioner submitted that the petitioner made representation against the abovementioned detention order but he was not communicated of the fate of the representation. It is further submitted on behalf of the petitioner that no confirmation order appears to have been passed by the State under Section 13 of the Meghalaya Preventive Detention Act, 1995. It is also argued that delaying in disposal of the representation itself is a ground for release of the detenue. 3. On the other hand, learned counsel for respondents pointed out that in the affidavit-in-opposition/counter affidavit filed on behalf of respondent No. 2, the grounds taken in the writ petition are denied, and it is contended that there is no illegality in the detention in question. 4. Before further discussion, this Court thinks it just and proper to reproduce the relevant part of order of detention in which the District Magistrate has mentioned the reasons of his satisfaction as to why it was felt necessary to detain Benhur M. Sangma (petitioner) under Section 3(1) of Meghalaya Preventive Detention Act, 1995. The grounds mentioned in the detention order are being reproduced below from translation copy of the detention order (Annexure-II to the writ petition). The grounds mentioned in the detention order are being reproduced below from translation copy of the detention order (Annexure-II to the writ petition). ...On 21st June, 2013 when three labourers who were assaulted by the mob at Wadanang and were brought to Tura Civil Hospital for treatment by the police, the mob followed the rescue vehicle up to the Civil Hospital and asked the police officers to handover the alleged culprits. Later, in the evening some local mob of about 200 people gathered at the premises of Civil Hospital, Tura with a view to lynch the Muslim labourers and tried to enter forcefully inside the Emergency Room of the hospital. But the police managed to put the injured persons inside the hospital where the injured persons were being given First Aid. The subject was instrumental in organizing and mobilizing the mob at Wadanang and Chandmari which subsequently marched towards Tura Civil Hospital. In the meantime, some of the mob attacked the requisitioned bus No. ML-08(A)-0757 of Shri Curtin R. Marak stationed at the hospital. As a result the driver Shri Derosh Sangma sustained injuries and the bus also got damaged. At the same time some members of the mob filled up some old tyres, garbages at the main entrance junction of the hospital and burned them in the middle of the road blocking the entrance from either side. And, the same mob damaged the windshield of the Police Gipsy No. ML-02-1102 allotted to I/C Araimile BH and overturned the vehicle and tried to torch the police vehicle. The mob also damaged the window panes and other hospital properties. The mob also gathered outside the main gate of the Tura Civil Hospital and on the other side of Tura Civil Hospital and started pelting stone, glass bottled and other materials on the police, CRPF personnel and staff of Tura Civil Hospital. Again, the unruly crowd stopped the requisitioned TATA Winger No. ML-07-B-2794 at the hospital junction which was returning from Araimile BH after dropping the force personnel and dragged out the driver and beaten up him badly and another unidentified person was killed in front of the Hospital on the AMPT road who was later identified as Akibur Ali @ Munsi of Teldhala, PS Mankachar, Assam. The mob also set fire to the TATA Winger which got completely gutted. The mob also set fire to the TATA Winger which got completely gutted. That you Shri Benhur M. Sangma, was instrumental in organizing and mobilizing the mob at Wadanang and Chandmari which subsequently marched towards Tura Civil Hospital and the unruly crows, stopped the requisitioned TATA Winger No. ML-07-B 2794 at the hospital junction which was returning from Araimile BH after dropping the force personnel and dragged out the driver and assaulted him badly causing severe injuries on his person and another unidentified person was brutally and mercilessly attacked by the mob led by Shri Benhur M. Sangma and killed in front of the hospital on the AMPT road who was later identified as Akibur Ali @ Munsi of Teldhala, PS Mankachar, Assam for which police have implicated him as borne out in the case registered with police stations viz.: 1. Complt. Dr. Mardonor Hooroo, Superintendent of Tura Civil Hospital lodged an FIR that on 21.6.2013 at around 7:30 PM a violent mob numbering 180-200 came to the Emergency Room of Tura Civil Hospital demanding custody of the three Muslim youths to sentence them for their guilt. In order to protect their lives security measure was taken up and force deployed at Tura Civil Hospital. The mob became violent and pelted stones, bricks and bottled at the security personnel, thereby obstructing the security personnel and medical officers and damaged the hospital premises and also tried to forcibly enter the Emergency Room of the hospital. During the course of investigation, the subject was found to be one of the main instigators of the crime. In this connection a case has been registered at Tura PS vide Tura PS vide Tura PS C/No. 115(6) 2013 U/S 147/148/149/447/353/336/427 IPC. 2. Complt. SI A. Phawa of Araimile Beat House lodged an FIR that on the night of 21.6.2013 at around 11:00 PM a violent mob numbering about 200 gathered at the Tura Civil Hospital Compound and pelted stones, bricks and bottles at the security personnel and also obstructed him and his staff from discharging their lawful duties and also damaged the windshield of vehicle No. ML-02-1102 Gipsy allotted to Araimile BH which was parked in front of the emergency building of Tura Civil Hospital. The mob also turned over the vehicle and tried to set it on fire. The mob also turned over the vehicle and tried to set it on fire. During the course of investigation, the subject was found to be one of the main instigators of the crime. In this connection a case has been registered at Tura PS vide Tura PS C/No. 116(6) 2013 U/S. 147/148/149/447/353/336/427/436/511 IPC. 3. Complt. Shri Curtin R. Marak of Nigam Akong, Opp. Old SSB Camp, PO Araimile lodged an FIR that on the night of 21st June, 2013 at about 9:20 PM unknown persons attacked his vehicle No. ML-08/A-0757(bus) which was requisitioned by the Superintendent of Police, Tura vide letter No. RO(G)MT/Requisition dated 10.06.2013, meant for Coy Commandant of CRPF, Camp Jengjal, West Garo Hills for carrying CRPF personnel for emergency deployment at Tura Civil Hospital, while passing along the 100 bedded hospital, Tura by pelting stones at the vehicle, damaging windshield, glasses of both sides, railings etc. (approximate value of damage Rs. 55,000/-). Though all the 11 CRPF personnel inside the bus not injured, Shri Derosh Sangma, driver sustained injuries. During the course of investigation, the subject was found to be one of the main instigators of the crime. In this connection a case has been registered at Tura PS vide Tura PS C/No. 114(6) 2013 U/S.353/336/326/327/34 IPC. 4. Complt. SI Arwis Phawa,, I/C of Araimile Beat House lodged an FIR that on the night of 21.6.2013 at about 11:30 PM one person namely Akibur Ali @ Munshi of village Teldhala, PS Mankachar, District Dhubri (Assam), was coming from Hawakhana side towards New Tura and on reaching at Drmile near Tura Civil Hospital on the AMPT road a violent mob caught him and beaten him to death at the spot. During the course of investigation, the subject was found to be one of the main instigators of the crime. In this connection a case has been registered at Tura PS vide Tura PS C/No. 117(6) 2013 U/S. 147/148/149/302 IPC. 5. Complt. Insp. Ayub Khan, O/C E/67 Bn CRPF, Jengjal Airport, West Garo Hills lodged an FIR that on 21.6.2013 one platoon of E/67 Bn CRPF from Jengjal Airport O/P Jengjal proceeded towards Tura for land and order duty as per requisition received from I/C Jengjal under direction of SP Tura in connection with attempt rape/molestation case. Accordingly detailed pltn. Proceeded towards Tura Civil Hospital in two civil requisitioned vehicles from Police viz. 1. Accordingly detailed pltn. Proceeded towards Tura Civil Hospital in two civil requisitioned vehicles from Police viz. 1. Mini Bus No. ML-08-A-0757, white in colour, driver Drose Sangma, owner C.R. Marak of Tura, 1 Winger No.-7-B-2794, white colour, driver Manzoor Ali, owner Ansari Ali of Krishnai, Assam. On reaching at Tura Civil Hospital, Dermile Tura between 8:30-9 PM an enraged and violent mob numbering approximately 250 blocked the road with stones, pelted stones, bricks, glass, bricks on the vehicle and obstructed the vehicle which led to confusion to driver of winger, who lost control of the vehicle and met with an accident causing minor injury on my left hand fingers & forehead and also minor injury to No. 115137284 CT/GD Tinku Sharma of E/67 Bn and both the vehicles were badly damaged. The mini bus could escape from the spot but the driver of the winger Manzoor Ali beaten up seriously by the mob and also torched the winger along with Riot drill equipments kept in the vehicle viz. Helmet 03 Nos. cane (CRPF lathi)-05 Nos. cane shield (chabbri)-05 Nos. body protection-05 Nos. were burnt into ashes. During the course of the investigation, the subject was found to be one of the main instigators of the crime. In this connection a case has been registered at Tura PS vide Tura PS C/No. 120(6) 2013 U/S.147/148/149/353/336/436/326/327 IPC. That your above stated acts have created fear psychosis in the minds of the peace loving people in the district in general and fear and mental agony to the people. That such act of yours with an intention to disrupt public peace and tranquility have caused:- (i) Disturbed peace and public tranquility, in general and (ii) Caused fear and psychosis in the minds of peace loving people in the district in general and business community in particular. That your activities aforesaid have repeatedly revealed your propensity to resort to prejudicial activities detrimental to peace and law and order in the community. From your above actions, it is manifest that your intention is to create fear psychosis in the minds of widest possible spectrum of the public in general and business community in particular. That your activities aforesaid have repeatedly revealed your propensity to resort to prejudicial activities detrimental to peace and law and order in the community. From your above actions, it is manifest that your intention is to create fear psychosis in the minds of widest possible spectrum of the public in general and business community in particular. Now, I am therefore, satisfied that if you are allowed to remain at large, you will continue to indulge in such activities for furtherance of the aim of the organization which is prejudicial to the security of the State and the maintenance of public order in the district. In view of the aforesaid, I consider your detention under the Meghalaya Preventive Detention Act, 1995 as necessity. Further I am to inform you that in accordance with article 22(5) of the Constitution of India read with Section 8(1) of MPDA, 1005 you have every right to make a representation against this order of detention to the detaining authority i.e. the District Magistrate, West Garo Hills, Tura, which right is in addition to and independent of your right to make representation before the State Govt. i.e. to the Principal Secretary/Commissioner & Secretary, Political Department, Govt. of Meghalaya, Meghalaya Secretariat, Shillong to the Advisory Board, Guwahati and also to the Central Government (Government of India) i.e. to the Secretary (Home), Ministry of Home Affairs, Government of India, North Block, New Delhi-1... The impugned detention order further discloses that to facilitate and afford a reasonable opportunity to the detenue to make an effective representation, copies of the FIRs and documents numbering 20 were enclosed with the detention order (served on the petitioner). 5. After going through the grounds mentioned in the impugned detention order and perusal of the materials relied on by the Deputy Commissioner/District Magistrate, this Court finds that there was sufficient material before the detaining authority to satisfy itself that if the petitioner was allowed to be at large, he would have continued to indulge in the prejudicial activities to the security of the State and the maintenance of public order in the district. 6. As to the fate of representation, copy Annexure-IV to the writ petition itself shows that the rejection of the representation was communicated to the petitioner through Superintendent, District Jail, West Garo Hills, Tura. 7. 6. As to the fate of representation, copy Annexure-IV to the writ petition itself shows that the rejection of the representation was communicated to the petitioner through Superintendent, District Jail, West Garo Hills, Tura. 7. Regarding the plea that the confirmation of the detention was not accorded by the State as required under Section 13 of Meghalaya Preventive Detention Act, 1995, the respondents produced the original records of the case, and page 139 of the record produced before this Court shows that the detention order was confirmed vide order dated 04.12.2013 on the recommendation of the Advisory Board. 8. Attention of this Court is drawn on behalf of the petitioner to the case of Moulana Shamsunnisa vs. Additional Chief Secretary (2010) 15 SCC 72 and T.V. Sravanan vs. State (2006) 2 SCC 664 , and it is argued that there must be material before the detaining authority to satisfy itself as to why the freedom of the detenue is prejudicial to the public order or to the security of the State. Copy of the detention order reproduced above itself shows that there was sufficient material which is found corroborated from the original record produced before this Court, as such it cannot be said that the impugned detention order suffers from any illegality. For the reasons as discussed above, this Court finds no merit in this habeas corpus petition, which is liable to be dismissed. Accordingly, this Writ Petition (criminal) No. 12 of 2013 is dismissed.