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2011 Supreme(Gau) 904
GAUHATI HIGH COURT
T.Nandakumar Singh,N.Kotiswar Singh, JJ.
Toijam Bhogendro Singh @ Bho-Gen @ Tachou @ Achouba -Appellant
Versus
District Magistrate, Imphal West & Ors. -Resopndent
Writ Petition (Cril) No. 45 of 2011
Decided On : 18-11-2011
Advocate appeared for the Petitioner:Mr. S. Rajeetchandra, Advocates appeared for the Respondents: Mr. R.S. Reisang, GA & Mr C. Kamal, CGSC
Headnote:
Constitution Of India- 1950 - Article 22(5) – India Penal Code - 1860 - Section 121/121-A/307/34 - National Security Act - 1980 - Section 3 – FIR – Jurisdiction - present impugned detention order also further case petitioner- FIR for which petitioner-detenu was alleged have been arrested by the police personnel and interrogated him was not one f documents which formed the basis of the grounds detention for impugned detention order therefore sponsoring authority did not place the every materials before Detaining Authority - In result case petitioner-detenu that impugned detention order is vitiated because of non-placing of important materials before the Detaining Authority –Held, Court again recall decision Constitution Bench Apex Court made more than half century ago in State of Bombay subjective satisfaction detaining authority must be based on some grounds question whether such grounds can give rise to subjective satisfaction required for making order is outside the scope inquiry of court - Keeping view ratios laid down by this Court as well Apex Court discussed above Court have given our anxious considerations as whether for coming said subjective satisfaction of the Detaining Authority there objective basis or not - Petition dismissed
By this writ petition, filed by the petitioner-detenu, Shri Toijam Bhogendro Singh @ Bhogen @ Tachou @ Achouba is questioning the legality or otherwise of the detention order dated 01.03.2011 issued by the District Magistrate, Imphal East District in exercise of the power conferred upon him by sub Section (3) of Section 3 of the National Security Act, 1980 read with Home Department order No.17 (1)/49/80-H (Pt-1) dated 07.02.2011 for detaining the petitioner-detenu, who was/is now in judicial custody, order of Governor of Manipur dated 10.03.2011 and also order of Governor of Manipur dated 16.04.2011 for confirming the detention order and fixing the period of detention for 12 months from the date of detention.
2. Facts sufficient for deciding this writ petition, are briefly noted.
The petitioner-detenu was earlier detained under the order of the District Magistrate, Imphal West dated 16.10.2001 and he had undergone the complete period of detention and also he had been arrested earlier in connection with FIR numbers: (1) FIR No. 374 (9)97 IPS under Section 121/121-AIPC, 13 UA(P) Act& 5 Expl Subs Act; (2) FIR No. 110(3)98 IPS under Section 13 UA (P) Act & 25 (1-B) A Act; (3) FIR No.26 (4) 2001 YPK PS under Section 121/121-A/307/34 IPC, 25 (1-B) A Act and (4) FIR No. 275 (9) 2002 IPS under Section 10/13 UA (P) Act & 25 (1-B) A Act. In the earlier detention order, it was the case of the Detaining Authority that the petitioner-detenu is a member of the banned organization i.e. UNLF (United National Liberation Front) and for his activities as a member of the banned organization which were prejudicial to the security of the State and maintenance of public order, he was placed under detention under the earlier order dated 16.10.2002 for preventing him from acting in any manner prejudicial to the security of the State and maintenance of public order.
3. On 04.01.2011, a team of CDO/Tmphal West arrested the petitioner-detenu and handed over to the O/C PRT P.S., who drew up an FIR being FIR No.2 (1) 2011 PRTP.S., under Section 20 UA(P) A Act and formally arrested him in connection with the said FIR. The learned concerned Magistrate had remanded the petitioner-detenu to police custody till 14.01.2011. On 14.01.2011 when the petitioner-detenu was produced before the learned Judicial Magistrate, he was formally arrested in connection with FIR No. 11 (7)2004 LTN PS under Section 326/307/302/400 IPC, 25 (1-B) AAct & 5 Expl. Subs Act. Later on he was arrested formally in connection with another FIR being FIR No.6( 1)2001 YPK PS under Section 121/121-A/307/34 IPC, 25 (1-B) A Act & 13 UA (P) Act. On 19.01.2011, the learned Magistrate remanded him to police custody till 22.01.2011. Again arrested on 22.01.2011 in connection with FIR No.3 0 (4)2000 LLI PS under Section 121/121-A/12-BIPC, 107 13/20 UA (P) AAct, 25(1-A)(1-B) A Act and the learned Judicial Magistrate remanded him to police custody till 28.01.2011; and again arrested on 28.01.2011 in connection with FIRNo.9(4)2000 SKL PS under Section 121/121-A/302/34 IPC, 25(1-A) AAct & 13 UA (P) AAct and the learned Magistrate remanded him to police custody till 31.01.2011.
4. While the petitioner-detenu was in police custody in connection with the said FIRs petitioner-detenu was served with a copy of the impugned detention order dated 01.02.2011. In accordance with the provisions of Section 8 of the NSA, 1980, the learned District Magistrate, Imphal West (Detaining Authority) under his letter dated 05.03.2011 furnished not only the grounds of detention but also copies of the documents which formed the basis of the grounds of detention to the petitioner-detenu. In para 8 of the writ petition, it is categorically stated that when the petitioner was arrested on 16.09.2002 in connection with FIR No.275(9) 2002 IPS under Section 10/13 UA(P) A Act & 25( 1 -B) A Act and remanded to police custody till 21.09.2002, the petitioner-detenu did not disclose his involveme
