Document Fragment View

Matching Fragments

This instant petition is directed against the impugned Detention Order as well as the Grounds of Detention Order dated 30.09.11 passed by the District Magistrate, West Garo Hills, Tura.

2. The brief fact of the case in nut shell is that, on the 30.09.11 the nephew of the petitioner namely Shri. Rajesh Kumar Mann was booked under MPDA, 1995 by the learned District Magistrate, West Garo Hills, Tura vide Detention Order as well as Grounds of Detention Order dated 30.09.11.

3. Being aggrieved by the said order referred to above, the petitioner approached this Court by way of this instant petition for on behalf of the detenue challenging the Detention Order as well as Grounds of Detention Order dated 30.09.11.

4. Mr. H Abraham, the learned counsel appeared for on behalf of the petitioner argued that from the affidavit filed by the respondents, it apparent that the accused has been taken into custody on 1.09.11 in connection with Tura P.S. Case No. 225 (8) of 2011 u/S 384/511 IPC and Tura P.S. Case No. 223 (8) of 2011 u/S 365/34 IPC. Since then he was in custody and subsequently he has been placed under detention by invoking the power under MPDA, 1995. But the question remains that, from the Grounds of Detention which is at Annexure-2 (Page-27) are the offences committed by the detenue in the month of September, 2011.

7. On perusal of the Grounds of Detention as referred to above, it apparent to me that grounds for which the detenue was booked under MPDA, 1995 have been committed in the month of September 2011. Now looking back to the affidavit-in-opposition by the respondent No. 4 at (Para-

6) which is reproduced below :

"6. That in reply to para 2 of the writ petition, the Answering Respondent begs to state that the detenue's arrest on 01/09/2011 in connection with Tura PS Case No. 223 (8) 2011 U/s 365/34 IPC and Tura PS case No. 225 (8) 2011 U/s 384/511 IPC are matter of records and hence admitted. However, the allegation of false implication in Tura PS case No. 225 (8) 2011 is hereby denied."

8. On bare perusal of Para-6 of the affidavit-in-opposition referred to above, it is apparent that the detenue has been taken into custody w.e.f. 1.09.11 in connection with the 2(two) Tura P.S. Cases referred to above. Now, the question came into my mind that, if the person is already in custody w.e.f. 1.09.11, how can he be charge to commit offences in the month of September, 2011. So I find that the Grounds of Detention are noting but whimsical observations and without application of judicial mind and completely ipse dixit in nature. As such I am unable to accept the Detention order as well as Grounds of Detention Order as a true fact.