IN THE HIGH COURT OF GAUHATI (IMPHAL BENCH)
T. NANDAKUMAR SINGH AND N. KOTISWAR SINGH, JJ.
Shri Konsam Inaocha Singh @ Jack Konsam @ JK, 35 years, S/o K.Lokhon Singh – Appellant
Vs.
The District Magistrate, Imphal East, Government of Manipur – Respondent
Writ Petition (Cril) No. 104 of 2011
Decided On: 16.02.2012
Indian Penal Code - Section 365/368/34 - National Security Act 1980 - Section 3(2) – Quash FIR - Challenge in this writ petition – Acquittal - Only ground for assailing impugned detention order is that there is non application of mind and also complete absence of materials for coming to satisfaction that petitioner-detent is likely to be released on bail in near future, as a result impugned detention is vitiated – Held, In given case court have minutely examined detention order grounds of detention and relevant Government File which is placed before us by learned Government Advocate and are of view that there is no material, not to speak of cogent material for coming to satisfaction that petitioner-detent is likely to be released on bail - Surprisingly in grounds of detention Detaining Authority did not even made a whisper regarding reasons for coming to his satisfaction that petitioner-detent is likely to be released on bail what he stated in grounds of detention is his hypothesis and apprehension that in case petitioner-detent is released on bail he would continue to act in manner prejudicial to security of State and maintenance of public order - What is required for detaining detent who is already in custody is that there is material for coming to satisfaction that detent is likely to be released on bail and normal criminal proceedings would not be sufficient to deal with prejudicial activities of detent - Over and above requirements mentioned in Paul Minicamps case and Rehash case are also to be fulfilled for detaining detune who is already in custody - Petition allowed
T. NK Singh, J.
1. The challenge in this writ petition is, (1) to the detention order being No.Cril/NSA/9/2011, Porompat the 16th April, 2011 issued by the District Magistrate, Imphal East District, Manipur directing the petitioner-detenu to be detained under Section 3(2) of the National Security Act, (NSA) 1980; (2) the order of the State Government being No.17(1)66/2011-H dated 26.04.2011 for approving the impugned detention order; and (3) order of the State Government dated 02.06.2011 for confirming the impugned detention order fixing period of detention for twelve months from the date of detention.
2. The only ground for assailing the impugned detention order is that there is non application of mind and also complete absence of materials for coming to the satisfaction that the petitioner-detenu is likely to be released on bail in near future, as a result the impugned detention is vitiated.
3. FACTUAL BACKGROUND:
The petitioner-detenu was picked up on 08.03.2011 at about 6.30 p.m. by a team of District Police, Imphal West in coordination with Aizawl Police from Bongkawn area in Aizawl in connection with FIR Case No.150(12)2008 LLI PS under Section 265/34 IPC and 24(1-B)A Act. Thereafter he was brought back to Imphal on 10.03.2011 after getting transit warrant from the Magistrate, 1st Class, Aizawl. On production before the Judicial Magistrate, the petitioner-detenu was remanded to Police Custody till 22.03.2011. While the petitioner was in Police Custody he was subjected to joint interrogation at Kangla involving personnel of various departments. On 22.03.2011 the learned concerned Magistrate allowed the petitioner-detenu to be arrested formally in connection with FIR No.86(9)2010 NBL PS under Section 365/368/34 IPC and 16 UA (P) A Act and remanded to Police custody till 29.03.2011.
4. On 29.03.2011 the petitioner-detenu was again arrested formally in connection with FIR No.80(7)2010 LLI PS under Section 362/3-7/34 IPC, 25(1-C) Arms Act and 20/16 UA (P) A Act and remanded to Police custody till 02.04.2011. On 16.04.2011, while the petitioner-detenu was in judicial custody, copy of the impugned detention order dated 16.04.2011 was served to him. The grounds of detention as well as copies of the documents which formed the grounds of detention were also furnished to the petitioner-detenu under the letter of the District Magistrate, Imphal East District being No.Cril/NSA/9/2011, Porompat the 19.04.2011.
5. The petitioner-detenu also filed representation dated 22.04.2011 to the Detaining Authority, i.e. the District Magistrate, Imphal East District for furnishing better particulars in respect of the allegations/assertions against the petitioner-detenu, the statement of the petitioner-detenu and also for revocation of the detentin order. The said representation dated 22.04.2011 was considered and rejected by the District Magistrate, Imphal East District and rejection order had been intimated to the petitioner-detenu vide letter of the District Magistrate, Imphal East District dated 27.04.2011.
The petitioner-detenu also filed representation dated 12.05.2011 to the Chief Secretary, Government of Manipur for revocation of the detention order and also for furnishing copies of the Police report and other documents mentioned in the grounds of detention. In the said representation dated 12.05.2011 it was also stated specifically that because of non furnishing of documents, the petitioner-detenu could not file effective representation against the detention order. The said representation was also rejected by the State Government and informed the rejection of his representation to the petitioner-detenu under the letter of the Additional Secretary, Home, Government of Manipur dated 16.05.2011.
6. As stated above, the impugned detention order had been approved by the State Government vide order dated 16.04.2011 and also confirmed by the State Government vide order dated 02.06.2011. For deciding the only ground for assailing the impugned det
State of Gujarat Vs Adam Kasam Bhaya : AIR 1981 SC 2005
Pebam (N) Mikoi Devi Vs State of Manipur & Ors (2010) 9 SCC 618
Rekha Vs State of Tamil Nadu through Secretary to Government & Anr: (2011) 5 SCC 244
Kamleshkumar Iswardas Patel v Union of India (1995) 4 SCC 51
Rattan Singh v State of Punjab : (1981) 4 SCC 481)
Union of India V Paul Manickam & Anr.
N.Meera Rani v. Govt. of Tamil Nadu AIR 1989 SC 2027)
Dharmendra Suganchand v. Union India
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