The Detaining Authority must show awareness of the possibility of the detenu being released on bail and the necessity of detention to prevent prejudicial activities when passing a detention order for a detenu in custody.

R.R.Prasad, J.

This application has been filed for quashing of the order dated 21.12.2015 passed by the District Magistrate, Imphal West, respondent No.1 whereby and whereunder respondent No.1, in exercise of power conferred under sub Section (3) of Section 3 of the National Security Act, 1980 passed the order of detention against the petitioner after being satisfied that in order to prevent the detenu from acting in any manner prejudicial to the security of the State and to the maintenance of public order, it has become necessary to do so.

2. The grounds on which the order of detention was passed are that the detenu in the year 1993 did join one of the banned organisations namely, People’s Liberation Army (PLA) at the instance of one Shri Takhellambam Dilip Singh an important leader of PLA. After joining the detenu started indulging himself in illegal activities for which different cases were registered in the year 1996-1998 as FIR No.902(11) 1993 Imphal P.S. u/s 121/121-A IPC & 13 UA(P) Act, FIR No.204(3)1996 Imphal P.S u/s 13 UA(P) Act, and FIR No. 147(4) 1998 Imphal P.S u/s 13 UA(P) Act. However, in all those cases the detenu was granted bail.

After being released on bail the detenu started leading a normal life but subsequently in the year 2014 the detenu came into contact of one Shri Shanoujam Sanatomba Singh @ Sunil @ Yaima at whose instance the detenu became a member of a banned organisation known as KCP, objective of which was to secede the State of Manipur from the Union of India by waging war against the Government of India. In order to achieve its objective the detenu along with the members of the KCP started extorting money from general public particularly, from private hospitals, private schools, shop keepers, contractors, businessmen, high ranking officials and handed over the extorted money to the important member of KCP. While extorting money the detenu threat to them not to report to the security forces/police otherwise they would be killed. In fact, the detenu at the instance of one important member shot dead one non-manipuri person for which a case was registered as FIR No.133(4) 2015 Imphal P.S. u/s 307/326/34 IPC, 25(1-C) Arms Act & 16/20 UA(P) Arms Act. Such act of extortion of money making attempt at the life of innocent person particularly, non-manipuri threatening with dire consequence created a wave of panic and terror, and as such it were prejudicial to the security of the State and maintenance of public order.

Further accusation what is there in the grounds of detentions is that on 09.12.2015, the detenu was arrested by police team of CDO/Imphal West during which mobile, different SIM cards etc. were recovered from his possession and at the instance of detenu one 9 mm pistol with three live cartridges and Air gun pistol were recovered from the house of Shri Oinam Chetan Kumar. The detenu was handed over to the O.C Imphal P.S with a written report and seized articles on the basis of which a case was registered as FIR No.490(12)2015 Imphal P.S u/s 17/20 UA(P) Arms Act & 25(1-B) Arms Act. Thereupon he was remanded to police and judicial custody in connection with that case and subsequently was also remanded in other cases. On such grounds, the respondent No.1, after recording his satisfaction that the detenu after being released on bail would continue to indulge in the similar activities of extortion of money and would continue making attempt on the life of the innocent person and also activities relating to waging war against the State which are prejudicial to the security of the State and maintenance of public order, passed the order of detention on 21.12.2015.

3. A copy of the said detention order was served along with the grounds of detention upon the detenu while he was lodged in Jail. The order of detention was approved by the State Government on 31.12.2015 and was confirmed by the State Government on 30.01.2016. Having receipt of the detention order, the detenu submitted his repres