2011 Supreme(Gau) 861
GAUHATI HIGH COURT
T.Nandakumar Singh,N.Kotiswar Singh, JJ.
Yumnam Thoibi @Sanathoi Singh -Appellant
Versus
District Magistrate, Imphal West & Ors. -Resopndent
WP(C)No. 9 of 2011
Decided On : 25-10-2011
Advocate appeared for the Petitioner:Mr. Darakishore, Advocates appeared for the Respondents: Mr. R. S. Reisang, GA & Mr. Amarjit Naorem, CGSC.
Headnote:
Preventive Detention Act - 1950 - Section 3 - Bankruptcy Rules - 1870 – FIR - State Government vide confirmation - Impugned detention order was furnished petitioner - By impugned detention order the petitioner-detenu had been detained NSA and in impugned order it clearly stated that petitioner-detenu who is now in police custody is likely to be released on bail in near future normal criminal courts as bails granted similar cases by the criminal courts impugned detention order been approved State Government vide order being - For easy reference approval order –Held, State Government On such perusal clear that in compliance of requirements NSA State Government had placed all materials relating with detention petitioner-detenu before Advisory Board Over and above respondent his affidavit in opposition clearly stated vide compliance NSA required materials had been placed before State Government vide letter Additional Secretary Government Manipur - Therefore it appears from record and also from affidavit opposition of respondent that requirements NSA had been complied with in present case - Petition dismissed
Heard Mr.Darakishcre, learned counsel for the petitioner-detenu, Mr.R.S.Reisang, learned GA appearing for respondent Nos. 1 and 2 as well as Mr.AmarjitNaorem, learned CGSC for respondent No.3.
2. Only the facts sufficient for deciding the present writ petition is briefly noted.
On 18.11.2010 by a team of CDO/IW arrested the petitioner-detenu and handed over to the Officer-in-Charge, Imphal, Police Station with the written report. The O/C Imphal P.S on registration of regular case i.e. FIRNo.511(11)2010 under Section 17/20 UA (P) A Act arrested the petitioner-detenu. For that FIR the petitioner-detenu was produced before the Chief Judicial Magistrate, Imphal West who remanded the petitioner-detenu to police custody till 27.11.2010. On 27.11.2010 while the petitioner was in police custody in connection with the said case, copy of the impugned detention order dated 27.11.2010 was furnished to the petitioner. By the impugned detention order the petitioner-detenu had been detained under the NSA and in the impugned order it is clearly stated that the petitioner-detenu, who is now in police custody is likely to be released on bail in near future by the normal criminal courts as bails are granted in similar cases by the criminal courts. The impugned detention order dated 27.11.2010 had been approved by the State Government vide order being No.17(1)241/2010-H dated 07.12.2010. For easy reference, the approval order is quoted hereunder:
"Government of Manipur Secretariat: Home Department
ORDERS
Imphal, the 7th December, 2010 No.17(1)241/2010-H: Whereas the District Magistrate, Imphal West District, Manipur under Section 3(3) of the National Security Act, 1980 (hereinafter referred to as the said Act), vide No.Cril/NSA/No. 122 of 2010 dated 27.11.2010 made detention order detaining Shri Yumnam Thoibi Singh @ Sanathoi (22 yrs) s/o (L) Y.Birchandra Singh of Thanmnapokpi Awang Leikai P/S-Lamlai, District- Imphal East, Manipur (hereinafter referred to as the said person).
And whereas, the District Magistrate, Imphal West District, Manipur has submitted report on the detention of the said person under section 3(4) of the said Act vide his letter No.Cril/NSA/No. 122 of 2010 dated 27.11.2010.
Further the District Magistrate, Imphal West District, Manipur has furnished copy of grounds for detention of the said person under Section 3(2) of the said Act to the Government vide his letter No.CruYNSA/No. 122 of 2010 dated 30.11.2010.
And whereas, the Governor of Manipur after having carefully considered grounds for detention furnished by the District Magistrate, Imphal West District, Manipur and being satisfied that his activities are prejudicial to the main-tenance of public order is also of the opinion that the grounds are sufficient for the detention of the said person under Section 3(2) of the said Act and that the order of detention aforesaid made by the District Magistrate, Imphal West District, Manipur under Section 3(3) of the said Act be approved.
Now, therefore, in exercise of the powers conferred under Section 3(4) of the said Act, the Governor of Manipur is pleased to approve the order of detention passed by the District Magistrate, Imphal West District, Manipur under No.Cril/NSA/No.122 of 201U dated 27.11.2010.
By orders & in the name of Governor,
Sd/-
(M.Yaiskul Meitei)
Additional Secretary (Home) Government of Manipur."
3. Subsequently, the impugned order had been confirmed by the State Government vide confirmation order dated 31.12.2010 and fixed the period of detention for 12 (twelve) months from the date of detention.
4. In the present writ petition, the petitioner-detenu has assailed the impugned detention order on three grounds that: (1) the Detaining Authority had not fulfilled the requirements provided under Section 3(4) of the NSA; (2) the particulars of similar cases in which bails were granted by the criminal courts are not mentioned either in the im-pugned detention order or in the grounds of detention; and (3) in complianc