The main legal point established in the judgment is that the principles laid down by the Hon'ble Supreme Court regarding the detention of a person already in custody and the necessity of keeping such persons in detention under the preventive detention laws must be strictly observed to prevent misuse of the law of preventive detention.

JUDGMENT :

Kh. Nobin Singh, J.

1. Heard Shri N. Mahendra, learned Advocate appearing for the petitioner and Shri Th. Vashum, learned Government Advocate appearing for the State respondents.

2. The validity and correctness of the order dated 03-09-2020 passed by the District Magistrate, Imphal-East District under Section 3(2) of the National Security Act, 1980 is under challenge in this writ petition which has been filed by the petitioner who is the wife of Shri Laishram Mangoljao @ Lamyanba Khuman @ Hirachandra @ Pibarel @ Jagadish Koirela @ L.K. @ Shamu, the detenu herein.

3.1. The allegations as narrated in the grounds of detention are, in short, that the detenu joined the banned and outlawed organization called Kangleipak Communist Party-Leibakmacha faction as an over-ground member in the early part of 2000 through Shri Yumnam Nilachandra Singh and worked under his command as a courier. On 28-07-2000, he was arrested from Uripok Thokchom Leikai by a police team in connection with a case under FIR No. 263(7)2000 Imphal PS u/s. 10/13 UA(P) Act but was released on bail. After the detenu having been released from the jail, he resumed his work. On 21-01-2001, the detenu was again arrested by a team of CDO-Imphal West from his residence in connection with a case under FIR No. 5(1)2001 Patsoi PS u/s. 10/13 UA (P) Act but was released on bail by the Court. After his being released on bail, he resumed the work under the command of Shri Laishram Tomba Singh as a courier and started supplying arms and ammunitions. Over and above, he carried out prejudicial activities like extortion of money from the general public, Government offices, etc. till sometime in the first week of July, 2007 when he went to Shillong and attended the election of the new office bearers of the organization. He was elected as the Chairman and thereafter, he along with his family members, took asylum at different places like Shillong, Guwahati, Delhi, etc. in order to evade arrest by the security forces. On 23-07-2007, he was arrested from a place near Azadpur Fruit Mandi, New Delhi by the Delhi Police and was brought back to Manipur on 01-08-2007 by a team of Manipur Police. Although he was remanded into judicial custody, on 09-08-2017 he was released on bail by the Court.

3.2. After he being released from the jail, he could not stay a longer with the family members. He resumed his work and took shelter at different places including Tamenglong, Ukhrul and Lakhipur (Assam). On 04-05-2008, the detenu formed a new faction of KCP called Kangleipak Communist Party (Military Council-Lamyanba Khuman) under his Chairmanship. Thereafter, he took shelter at different places outside the State of Manipur like Tamil Nadu, Nepal, etc. and directed his subordinates to carry out extortion from the general public, Government offices, schools, etc. for which his cadres carried out about 10 (ten) crimes detailed in the grounds of detention. In connection with the said cases, many of his colleagues and close associates as mentioned in the grounds of detention were arrested. The detenu while he was at Litang Kalipokhri, Nepal, contacted the General Secretary of KCP (PWG) and joined his organization, for which he was assigned the post of the Chairman.

3.3. The avowed aim and object of the organization is to secede the State of Manipur from the Union of India and to create an independent, sovereign, socialist State of Manipur for which the organization started procuring arms and ammunition from various countries. In the pursuit of their objectives, the members of the organization committed series of heinous crimes such as murder, dacoit, robbery, extortion, kidnapping for ransom etc. from different parts of Manipur. The ring leaders sought foreign assistance and established links with countries like Bangladesh, Mayanmar, etc. In consideration of the large scale prejudicial activities indulged by the organization, it was declared as an unlawful Association by the Government of India.

3.4. Aft