SHILLONG: The East Khasi Hills district administration on Thursday said that it has the power to detain anyone under MPDA after due process of law, while asserting that the Chief Minister and Chief Secretary need not give any nod in this connection.
Reacting to a news report regarding the move of the Government to put CSWO President Agnes Kharshiing under MPDA, the East Khasi Hills Deputy Commissioner, Sanjay Goyal said that it is an incorrect understanding of law to mention that invoking of MPDA against any person requires prior clearance from any authority. “The Meghalaya Preventive Detention Act empowers the District Magistrate to detain any individual in order to prevent him/her from acting in any manner prejudicial to the maintenance of law and order, on the basis of material available before him/her. In doing so the detaining authority is guided by the rule of law and various inputs received from different sources and no other extraneous considerations”, Goyal said. According to the Deputy Commissioner, the detention order passed by the District Magistrate is then required to be approved by the State Government and after the approval of the Government, it is then referred to the Advisory board headed by a Judge of the High Court, which confirms the detention order if it is considered to be justified and as per provisions of law.
He said that no such order has been issued by the District Magistrate, East Khasi Hills for the detention of Kharshiing till date. “As such, there is no question of approval by the Chief Secretary or the Chief Minister to a detention order which has not been made”, he added. According to Deputy Commissioner, orders for preventive detention are issued only after due application of mind and consideration of the merits of the case, and are not done in a routine manner, since they affect the personal liberty of the individual. “However, when justified and considered necessary and appropriate, the District Magistrate will not refrain from issuing such orders against any individual, in conformity with the law and keeping in view the primary responsibility of the district administration to maintain law and order in the district”, Goyal asserted
