2011 Supreme(Gau) 440
GAUHATI HIGH COURT
T.Nandakumar Singh,Mutum B.K.Singh, JJ.
Sapam Rishikanta Singh -Appellant
Versus
State of Manipur and Ors. -Resopndent
Writ Petition (Crl) No. 90 of 2010
Decided On : 20-05-2011
Mr. H. Premkrishna for the petitioner.
Mr. A. Modhuchandra , Mr. N. Ibotombi for the respondents.
Headnote:
Constitution of India – Article 22(5) – National Security Act, 1980 – Section 3(2) – Confirming the detention – Fixing the period of detention – Appearing for the State respondents – First Information Report – Challenge in this writ petition is to the detention order passed by the District Magistrate – Imphal West directing the petitioner-detenue – Singh to be detained under section 3(2) of the National Security Act, 1980, the order of the State Government for approving the detention order and also the order of the State Government for confirming the detention order fixing the period of detention from the date of detention –Held, Court have also applied our mind as to whether the grounds of detention, more particularly para 2 of the grounds of detention, are so vague or not; or will it not be the sufficient facts which form the grounds of detention for the purpose of making representation by the detenue? – Court further reiterate that what are guaranteed a detenue are that the detenue should be informed of the conclusion of the facts which form the grounds of detention and furnished the copies of the documents which form the grounds of detention for making effective representation, at the earliest opportunity, against the detention order – Writ petition is devoid of merit and hereby dismissed.
1. The challenge in this writ petition is to the detention order dated 2.6.2010 passed by the District Magistrate. Imphal West directing the petitioner-detenue. Shri Sapam Rishikanta Singh to be detained under section 3(2) of the National Security Act, 1980, the order of the State Government dated 9.6.2010 for approving the detention order dated 2.6.2010 and also the order of the State Government dated 12.7.2010 for confirming the detention order dated 2.6.2010 fixing the period of detention for 12 months from the date of detention.
2. Heard Mr. H. Premkrishna, learned counsel appearing for the petitioner-detenue, Mr. A. Modhuchandra, learned GA appearing for the State respondents and also Mr. N. Ibotombi, learned CGSC appearing for the respondent No.4.
Factual Background
3. The petitioner-detenue was arrested by the CDO, Imphal West led by one ASI Y. Shamu Singh, on 27.5.2010 at about 6.10 p.m. from north AOC in connection FIR No.226 (5)2010 IPS under section 16/1II 20 UA (P) A and 25(I-B) A. Act and he was remanded to police custody till 2.6.2010. While the detenue was in custody in connection with the said FIR a copy of the impugned detention order dated 2.6.2010 was furnished to him.
4. The learned District Magistrate, Imphal West, under his letter being No, Crl./NSA/49/lO Imphal the 4th June, 2010, furnished the grounds of detention and also the copies of the documents which formed the basis of the grounds of detention to the petitioner-detenue. For easy reference, the letter/grounds of detention dated 4.6.2010 is quoted hereunder :
"Government of Manipur Office of the District Magistrate:
Imphal West District
No.Crl./NSA/No.49 of 2010 Imphal, the 4th June, 2010
To
Shri Sapam Rishikanta Singh @ Chaoba @ Thoi (30 yrs.) s/o (L) S. Sanatombi Singh of Singjamei Sapam Leikai, P.S. Singjamei, District, Imphal West. Manipur.
Subject: Grounds of detention under section 8 of the National Security Act. 1980.
In pursuance of section 8 of the National Security Act, 1980 you are hereby informed that the grounds of detention are as follows:
1. That, you joined the banned organization, namely, Kangleipak Communist Party (KCP) Noyon faction in the 1st week of December, 2009 through Shri Salam Sushilkumar Singh @ Tababi s/o S. Birachandra Singh of Singjamei Sapam Leikai, an important member of KCP (Noyon). Then you started to work in KCP (Noyon) along with Shri S. Sushilkumar Singh under the command of Mr. Rojit Singh @ Pendaba. In the 2nd week Mr. Rojit directed you to collect one hand grenade on 18.12.2009 in the evening from Smt. Devjani Devi and her husband Ch. Shyamananda Roy of Lairikyengbam Leikai (both are KYKL member) at the waiting shed located near Lilashing Khongnangkhong and to hurl the same at the Capital Project, Chingmeirong for neglecting demanded money of KYKL/KCP Noyon faction. Accordingly, you along with S. Sushilkumar Singh went to Lilashing Khongnangkhong on 18.12.2009 in the evening in a scooter (Honda Dio) B/No.MN-01M/9293. On the sameday at about 5:00 p.m. you were arrested by a Police team of CDO/IW from the waiting shed near Lilashing Khongnangkhong Traffic Point. One Spice Mobile hand set with SIM card No.89911600000010882336 and a Scooter (Honda Dio) black in colour B/No.MN-01M/9223 were recovered from your possession and the same were seized by observing formality. It refers to FIR No.445(12)2009 IPS under section 20 UA(P) AAct and 5 Expl. Subs. Act. You were arrested in connection with the above noted case and remanded to Police custody till 26.12.2009. However, you were released on bail by the court on 26.12.2009 when you were produced before the court for remanding into judicial custody.
2. That, after release on bail by the court on 26.12.2009 you resumed your work in KCP (Noyon). In the 1st week of January, 2010 Mr. Rojit Singh @ Pendaba directed you to extort money from the general public. Government employees. Schools. Colleges. Contractors, businessmen. Shopkeepers, private firms etc. located in I