SHILLONG: The High Court of Meghalaya has asked the State Government to release the MPDA detainee identified as Pingku Palley Ch Marak, a government laboratory technician, who was arrested by East Garo Hills police for his alleged links with GNLA on November 24 last year.
Passing an order on Tuesday, the Court directed the Chief Secretary to release the detainee.
Marak had moved the Court by way of a habeas corpus petition through his wife Pardilina R.Sagma and challenged his detention order dated 14.01.2014, ground of detention dated 14.01.2014, MPDA approval dated 24.01.2014 and confirmation order of MPDA dated 04.03.2014.
The detainee pleaded in his petition that he was innocent and was neither a member of the GNLA or any outfit.
Marak was a laboratory technician working under the office of the DMHO, Williamnagar East Garo Hills since 2002. The main ground for the challenge of the detention order was that the detainee was never supplied with the necessary documents like ground of detention, approval of detention, confirmation of detention and seizure statement. As a result, he failed to place any effective representation to the authority concerned to revoke his detention order. However, the State Counsel told the Court that all the documents referred were supplied to the detainee, but that was under a closed envelope.
The High Court, while accepting the plea of the detainee, quashed the detention order vide its Judgment on August 26 and referred the earlier judgment passed by the High Court in similar nature of the case, wherein the Deputy Commissioner and Superintendent of Police, Williamnagar were called for and they were made aware and apprised to do their duty in accordance with the law. The High Court found there was no improvement as far as taking corrective measures are concerned.
The Court further held that whenever any document would be supplied to any detainee or any person, it should be received under the signature of the detainee or the person concerned in that particular document and not under sealed cover since the detention under MPDA Act is different from a detention under the general law, where a person is detained without trial. “So, the Court is bound to take extra caution so that none is harassed”, the order said.