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2011 Supreme(Gau) 416

IN THE HIGH COURT OF GAUHATI (IMPHAL BENCH)
T. Nandakumar Singh & Maibam B.K. Singh, JJ.
Loitongbam Manimohon Singh
Vs.
State of Manipur & Ors.
Writ Petition (Cril) No. 118 of 2010
Decided On: 12.05.2011

Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Mr. Dolen Phurailatpam
For Respondents/Defendant: Mr. A. Modhuchandra, GA & Mr. Amarjit Naoram, CGSC

Headnote:

Constitution of India,1950 – Article 22(5) - National Security Act, 1980 - Section 3(2) - UA(P) A Act - Section 19/39 - Released on bail - Detenue stayed - Detenue was at her residential quarter at Langol Game Village Zone-III, some army personnel came and enquired about her - One of army personnel who could speak Manipuri language confirmed her identity and enquired whether she was arrested previously for being a sympathizer of banned organization Lalheiba faction she admitted that she was once arrested in connection with FIR No. under Section 19/39 UA(P) A Act - Case she was remanded to police custody till - On detenue was produced before Court for judicial remand but released on bail by Court on same day - After release on bail by Court, the detenue stayed at rented quarter at Langol Game Village, Zone-III – Held, Authority passes an order after recording his satisfaction in this behalf, such an order cannot be struck down on ground that the proper course for authority was to oppose bail and if bail is granted notwithstanding such opposition to question it before a higher Court - What this Court stated in case of Ramesh Yadav, was that ordinary a detention order should not be passed merely to preempt or circumvent enlargement on bail in cases which are essentially criminal in nature and can be dealt with under ordinary law - Petition dismissed

JUDGMENT

T. Nandakumar Singh, J.

1. Heard Mr. Dolen, learned counsel for the petitioner, Mr. Modhuchandra, learned GA for respondent Nos.1 and 2 as well as Mr. Amarjit Naorem, learned CGSC appearing on behalf of respondent No.3.

2. The petitioner is the husband of the detenue, Smt. Khumukcham (N) Loitongbam (O) Memcha Devi @ Ichechaobi, who is now detained under the National Security Act, 1980.

3. FACTUAL BACKGROUND

On 03.06.2010 at about 11.50 a.m. while the detenue was at her residential quarter at Langol Game Village Zone-III, some army personnel came and enquired about her. One of the army personnel who could speak Manipuri language confirmed her identity and enquired whether she was arrested previously for being a sympathizer of the banned organization KCP(MC) Lalheiba faction; she admitted that she was once arrested in connection with FIR No. 135(4)2010 IPS under Section 19/39 UA(P) A Act on 08.05.2010. For that case, she was remanded to police custody till 14.04.2010. On 14.04.2010 the detenue was produced before the Court for judicial remand but released on bail by the Court on the same day. After release on bail by the Court, the detenue stayed at the rented quarter at Langol Game Village, Zone-III.

4. The said army personnel who came to the quarter of the detenue on 03.06.2010 told the detenue that she had to accompany them to their camp for certain verifications, but her vehement protests were brushed aside and compelled to accompany the said army personnel. Having no alternative she accompanied the army personnel to their camp. On reaching army camp she was taken into a room and an army personnel who could speak local Manipuri language along with some other army personnel entered the room and started questioning her as to whether she has any connection with the KCP (MC) Lalheiba faction or whether she has any nexus with them; she answered in the negative. The army personal also enquired, 'is it true that she is the recruiting officer of the KCP (MC) Lalheiba faction', to which she vehemently denied.

After some time the army personnel brought in some youths and they were made to confirm and identify her; she realized that two youths from her native village were some of the individuals who contacted one Surdas @ Dash at her instance for providing them jobs at Bangkok. However, it transpired that they were taken to other locations for a totally different purpose by the said Surdas @ Dash.

5. The detenue also admitted that the said Surdas @ Dash of Kumbi Bazar frequently visited her rented residential quarter at Langol Game Village. Surdas @ Dash approached the detenue one day with the proposal that he is looking for eligible youths who are capable of doing jobs at Bangkok as he has connection with an NGO situated at Bangkok. She approached some of her near relatives as well as peoples of her native village who are interested in sending their children to Bangkok for doing jobs and informed the interested individuals and their families to contact the said Surdas @ Dash for detailed information regarding the same. Thereafter, the detenue, it is stated, had no knowledge of any development regarding the matter as their association with the matter as such ended after providing the requisite information to the interested families. Despite her vehement protests the detenue was taken by the army personnel to Lamphel P. S. and handed her to the O/C, Lamphel P.S.

6. On 04.06.2010 the detenue was produced before the Court for remanding her to police custody in connection with FIR No. 55 (6) 2010 Lamphel P.S. under Section 20 UA (P) A Act which was registered against her. The learned Judicial Magistrate remanded the detenue to police custody till 10.06.2010 and thereafter remanded to judicial custody. On 14.06.2010 while the detenue was in police custody she was served with the impugned detention order being Cril/NSA/No.56 of 2010 dated 14.06.2010. The impugned detention order read as follows:

No. Cril/NSA/No. 56 of 2010: Whereas, a police































































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