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2017 Supreme(Manipur) 8
IN THE HIGH COURT OF MANIPUR AT IMPHAL
N. Kotiswar Singh, Kh. Nobin Singh, JJ.
Ningthoujam Yamba Singh – Petitioner
Versus
The State of Manipur, represented by the Chief Secretary and Ors. – Respondents
W.P. (Cril.) No. 5 of 2017
Decided On : 08-09-2017
For the Petitioner:Shri. A. Suresh, Advocate.
For the Respondent:Shri. Y. Ashang, Addl. GA, Shri. S. Rupachandra, ASG asstd. by Shri. K.R. Pamei, Advocate
The detaining authority must be aware of the likelihood of the detenu being released on bail when passing a detention order under the National Security Act, 1980.
Headnote:
National Security Act - Detention Order - Section 3(2) of the National Security Act, 1980 - Summary of Acts and Sections: National Security Act, 1980 - Section 3(2)
Fact of the Case:
The detenu was detained under the National Security Act, 1980 based on his involvement in illegal activities related to an armed underground organization. The detention order was challenged on the grounds of lack of material and non-application of mind by the detaining authority.
Finding of the Court:
The court found that the detention order was not based on sufficient materials and was not sustainable in law. The court also observed insensitiveness and carelessness of the Army Supply Corps in allowing the detenu to re-join service despite his previous arrest and detention.
Issues: The issues included the validity of the detention order, procedural safeguards, and the awareness of the detaining authority regarding the likelihood of the detenu being released on bail.
Ratio Decidendi: The court held that the detention order was not based on sufficient materials and was not sustainable in law. The court also emphasized the need for the detaining authority to be aware of the likelihood of the detenu being released on bail when passing a detention order.
Final Decision: The court allowed the writ petition, quashed the detention order, and directed the release of the detenu.
Kh. Nobin Singh, J.
1. Heard Shri A. Suresh, the learned counsel appearing for thepetitioner; Shri Y. Ashang, the learned Additional Government Advocate appearing for the State respondents and Shri S. Rupachandra, the learned ASG assisted by Shri K.R. Pamei, the learned counsels appearing for the Union of India.
2. The order of detention dated 06-02-2017, passed by the District Magistrate, Bishnupur, by which the detenu has been detained under the provisions of Section 3(2) of the National Security Act, 1980 is under challenge in this writ petition.
3.1. The grounds on which the said order of detention dated 10-02-2017 was passed, are that the detenu is a resident of Keirao Awang Leikai, P.S. Irilbung, District Imphal East, Manipur and after having passed the HSLC examination in the year 1997 in 2nd Division, the detenu had given up his studies. Thereafter, he was appointed as a Rifleman of Army Supply Corps (ASC) in the month of July, 2002 and was given Tactical training at Gaya, Bihar and after having completed the said training, he was posted at 527 ASC Bn., Udampur (J & K) from April, 2004 to Feb., 2007 and thereafter, he was posted at ASC Centre, Bangalore-07 Training Wing Bn. from Feb., 2007 till April, 2009. In the meantime i.e., in the year 2007, while he was at home on leave, he thought of earning quick and easy money through extortion from the general public and accordingly, he came into contact with some leaders of the armed underground organisation called, Kangleipak Communist Party-Military Council (hereafter referred to as “the KCP-MC”) including Shri Lamyanba Khuman @ L. Mangoljao Singh and started extortion of money from the Government Offices, Private Hospitals etc. located at Imphal in the name of the KCP(MC). On 28-04-2009 at 8:15 a.m. the detenu was arrested by a police team of CDO-Imphal West from Yaiskul Krishna Oil Pump in connection with a case and was remanded to police custody till 02-05-2009. While he was in police custody, he was detained under the NSA vide order dated 02-05-2009 passed by the District Magistrate, Imphal West. However, the said detention order was subsequently revoked pursuant to an advice dated 19-06-2009 given by the Advisory Board and thereafter, on 15-07-2009 he was released on bail.
3.2. After the detenu being released on bail, he went to his place of posting in Bangalore and continued his service till January, 2016 when he was transferred to 557 ASC Bn., Leimakhong, Manipur. Taking advantage of his being posted at Leimakhong, he came home quite often and started contacting the leaders of the KCP (MC) including one Shri Ingo @ Dango of Sugnu and continued to work for the organization under his command including activities like extortion of money, recruitment of new members like Shri S. Daho Singh @ Shantikumar Singh of Tangjeng Ahallup. In order to achieve the objectives of the KCP(MC), the detenu carried out propaganda works by contacting the secretaries of different organisations including Meira Paibis and convinced them to join the struggle for restoration of liberation in the State of Manipur by waging war against the lawfully established Government of India as well as the Government of Manipur. In the month of October, 2016, he recruited some more members including Shri Nameirakpam Ingocha @ Naocha Singh of Ithai Kompu, Md. Junet of Mayang Imphal Bengoon Maning and Shri Kiyam Lalit Singh of Tangjeng Ahallup.
3.3. In the first week of December, 2016, the detenu, without the knowledge of Shri Ingo @ Dango but in association with Shri S. Daho Singh @ Shantikumar, K. Lalit Singh, Nameirakpam Ingo @ Naocha Singh and Md. Junet hatched a conspiracy for earning a huge amount of money in the name of the KCP (MC) and therefore, he decided to kidnap one Shri Rajesh Thiyam @ Khomei of Pombikhok Awang Leikai on 03-01-2017 for a heavy ransom, for which he had to arrange arms as well as conveyance and accordingly, he purchased two country made pistols from Mr. Papao of Chu
