T. Nandakumar Singh, J.

1. The Petitioner, the wife of the detenue, namely, Kh. Joykumar Meitei @ Bay @ Jayantakumar @ Birjit @ Pacha, is assailing the detention order being No. Crl.9/NSA/DM-BPR/2010/416 Bishnupur dated 22.3.2010 passed by the District Magistrate, Bishnupur directing the detenue, who is now in Police custody be detained under the NSA in exercise of power conferred upon him by Sub-section (2) of Section 3 of the National Security Act, 1980 ('NSA') read with Government of Manipur, Home Department order No. 17(1)49/80(Pt-I) dated 11.2.2010; approval order of the Government of Manipur being No. 17(1)68/2010-H dated 31.3.2010 and also confirmation order of the Government of Manipur being No. 17(1)68/2010-H dated 8.5.2010 for fixing the period of detention for a period of twelve months from the date of detention.

2. Heard Mr. A. Jagatchandra, learned Counsel appearing for the Petitioner and Mr. Th. Ibohal, learned senior GA appearing for Respondent Nos. 2, 3 and 4 as well as Mr. C. Kamal, learned CGSC appearing for Respondent No. 1.

Factual background

3. On 8.3.2010 at about 6 p.m. when the detenue went out of his house along the Imphal-Churachandpur road he was picked up by security personnel and taken to the Bishnupur Police Station and for the whole night the detenue was kept in Police custody and on the next following day, i.e., 9.3.2010, detenue was taken to Moirang Police Station by the security personnel and Moirang Police Station had registered a case being FIR No. 40(3) 10 M.R.P.S. under Section 17/18UA(P) A Act on the written report made by those security personnel who arrested the detenue. The Officer-in-charge of Moirang Police Station had shown the date of arrest of the detenue as 9.3.2010 instead of 8.3.2010 and detenue was produced before the Chief Judicial Magistrate, Bishnupur in connection with the said FIR case No. 40(3) 10 M.R.P.S. The learned Judicial Magistrate remanded the detenue to Police custody in connection with the said FIR till 17.3.2010. On 17.3.2010 the detenue was produced before the Chief Judicial Magistrate, Bishnupur with the prayer for remanding the detenue to judicial custody. On that very day, i.e., 17.3.2010 the detenue was re-arrested in connection with FIR No. 40 (3) 10 M.R.P.S under Section 17/18 UA(P) A Act.

While the detenue was in the Manipur Central Jail, Sajiwa, he was furnished with the detention order being No. Crl.9/NSA/DM-BPR/2010/416 dated 22.3.2010 by the learned District Magistrate, Bishnupur along with the grounds of detention dated 26.3.2010. From the grounds of detention furnished by the Detaining Authority, the detenue came to know that he had been detained under the NSA on the ground that he has been acting in a manner prejudicial to the security of the State and maintenance of public order. For easy reference, the impugned detention order dated 22.3.2010 (Annexure A/3 to the writ petition) is quoted hereunder:

No. Crl. 9/NSA/DM-BPR/2010/416: Whereas a police report has been laid before me that Shri Khwairakpam Joykumar Meitei @ Boy @ Jayantakumar @ Birjit @ Pacha (52) s/o (L) Kh. Mani Meitei of Phubala Makha Mamang Leikai, P.S. Moirang, District Bishnupur, Manipur has been acting in a manner prejudicial to the security of the State and maintenance of public tranquillity vide S.P. Bishnupur letter No. C-5/27/ SP BPE/07 (NSA)/1416 dated 20th March, 2010;

Whereas, after careful perusal of the police report as well as the supporting documents, I am satisfied that the person noted above carried out prejudicial activities in the proximate past and he is very likely to continue and act in a manner prejudicial to the security of the State and maintenance of public order. Also, it is not possible to prevent his activities by applying ordinary laws unless provision under Section 3(2) of the National Security Act, 1980 is applied;

Whereas, it is necessary to detain the said Shri Khwairakpam Joykumar Meitei @ Boy @ Jayantakumar @ Birjit @ Pacha (52) s/o (L) Kh. Mani M