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Major relief to GNLA Chief Champion Sangma as Supreme Court orders his immediate release

Supreme Court: Giving major relief to Champion Sangma, the Chairman and Commandar-in-Chief of Garo National Liberation Army (GNLA), the bench of Dr. AK Sikri and Ashok Bhushan, JJ ordered immediate release of Sangma and said that the manner in which the State of Meghalaya proceeded in the matter

“is clearly impermissible, violative of the rule of law and offends the petitioner’s right under Article 21 of the Constitution as he has been detained in custody by adopting totally faulty and illegal process.”

Background of the case:

Conclusion:

The Court declared the order dated 24.01.2018 as non-est, nullity and without any jurisdiction and hence, the custody of Sangma, who has otherwise been released on bail in all other cases, is clearly illegal.

The important aspects that were taken note of by the Court to reach this conclusion were:

The Court also noticed that the State failed to respond to it’s query as to under what provision, in the aforesaid circumstances, the application should be filed when there was no formal arrest of the petitioner, though nobody prevented the respondent to arrest the petitioner in the aforesaid case. It said:

“We have not understood the manner in which the prosecution has acted in this case.”

As a result, the Court ordered the release of Sangma. It, however, made clear that it has not restrained the State from taking any appropriate legal steps in the aforesaid FIR/chargesheet, which are permissible in law. [Champion R. Sangma v. State of Meghalaya, 2018 SCC OnLine SC 262, order dated 20.03.2018]

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