Champion off MPDA ,custody continues

SHILLONG, MAY 22: In an embarrassment to the West Garo hills district authority, the Meghalaya high court set aside the Meghalaya Prevention Detention Act (MPDA) under which the Garo National Liberation Army (GNLA) chairman Champion R Sangma had been booked saying the authority had failed to get the approval of the state government.

“The court set aside the detention order of Tura district magistrate as it has violated article 22 (5) of the Indian constitution by issuing the order without informing Champion about his rights,” Champion’s counsel Sujit Dey told reporters on Wednesday.

According to the lawyer, the district magistrate issued the order of detention on January 30, 2013 saying that Champion would be release on bail if he wasn’t booked under MPDA as his activities was treacherous against the state.

“However, we apprise the court today when there was already an MPDA, the question of releasing him on bail was not there,” Dey argued.

Arguing that while putting Champion under the MPDA, the detaining authority had not followed legal procedure as it was required by law that a person detention of a person  under section 3 of the MPDA 1995 has to be communicated to the state government within twelve days and get its approval.

Dey informed that in the case of Tura MPDA the government has not approve the order and the detainee (Champion) was not inform of his rights and the representation by his client was not dispose of by the state government.  If the MPDA detention does not get the approval of the state government within twelve days the order automatically die.

With the court setting aside the MPDAimposed by the West Garo hills district authority, Champion now has the task of challenging under such order issued by Williamnagar district magistrate and a case registered in Pynursla police station against him.

“One more MPDA case is pending for hearing which is schedule on May 24 (Friday) and in various ground we are also challenging this detention order,” Dey said.

With regards to the Pynursla case, Dey informed, “The case is still pending before the court and is in the stage of prosecution of witnesses and of the 21 witnesses, 7 or 8 witnesses have been examined.”

The cases under Pynursla in East Khasi hills district were registered under section 16, 18, 38 (1&2) under the Unlawful Prevention Act. Earlier, the court had set aside the case under section 121 for waging war against the nation. – By Our Reporter