SMT. TELEM MALEMNGANBI – Appellant
Versus
STATE OF MANIPUR – Respondent
W.P.(Crl.) 10/2018
[1]
W.P. (Cril.) No. 10 of 2018
Contd…/-
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
W.P. (Cril.) No. 10 of 2018
Smt. Telem Malemnganbi, aged about 30 years, W/o Shri
Haobam Brojendro Singh of Kwakeithel Nganapi Thong, P.O.
& P.S. Imphal, District- Imphal West, Manipur – 795001.
... Petitioner
- Versus -
1. The State of Manipur, represented by the Chief
Secretary, Government of Manipur, Imphal West District,
Manipur – 795001, Old Secretariat, P.O. & P.S. Imphal.
2. The District Magistrate, Imphal West District, Manipur –
795001, D.C. Complex, P.O. & P.S. Lamphel.
3. The Union of India, through the Secretary to the
Government
of
India,
Ministry
of
Home
Affairs,
Department of Internal Security, North Block, New Delhi
– 110001.
... Respondents
B
E F
O
R
E
HON’BLE THE CHIEF JUSTICE MR. RAMALINGAM SUDHAKAR
HON’BLE MR. JUSTICE KH. NOBIN SINGH
For the petitioner
: Shri Ph. Sanajaoba, Advocate &
Ms. Jyotsana, Advocate.
For the respondents
: Shri A. Vashum, GA &
Shri S. Samarjeet, CGC
Date of Order
: 04-04-2019
Date of application
for the copy
Date fixed for notifying
the requisite number
of stamps and folios
Date of delivery
of the requisite
stamps and folios
Date on which
the copy was
ready for delivery
Date of making
over the copy to
the applicant
[2]
W.P. (Cril.) No. 10 of 2018
Contd…/-
O R D E R
Kh. Nobin Singh, J
[1]
Heard Sri Ph. Sanajaoba with Ms. Jyotsana, learned counsels
appearing for the petitioner; Shri A. Vashum, learned Government
Advocate appearing for the State respondents and Shri S. Samarjeet,
learned CGC appearing for the Union of India.
[2]
The order of detention dated 07-05-2018 issued by the District
Magistrate, Imphal West is under challenge in this writ petition filed by the
petitioner who is the wife of the detenu. The order of detention dated 07-
05-2018 reads as under:
“IN THE COURT OF
THE DISTRICT MAGISTRATE, IMPHAL WEST DISTRICT, MANIPUR
O
R
D
E
R
S
Imphal, the 7th May, 2018
No. Cril/NSA/No.1 of 2018: Whereas, a police report has been
laid before me by the S.P., Imphal West, Manipur vide letter No.
22/Spl-Cell/2018 (01)/1539 dated 06-05-2018 that Shri Haobam
Brojendro Singh (39 yrs) S/o H. Tombi Singh of Kwakeithel
Nganapi Thong, P.S. – Imphal, District – Imphal West, Manipur is
acting in a manner prejudicial to the maintenance of public order;
and
2.
Whereas, on perusal of police reports and enclosures, I,
Ningthoujam Geoffrey, District Magistrate, Imphal West, Manipur,
am satisfied that his activities are prejudicial to the security of
the State an to the maintenance of public order; and
3.
Whereas, it is considered necessary to detain Shri
Haobam Brojendro Singh (39 yrs) S/o H. Tombi Singh of
Kwakeithel Nganapi Thong, P.S. – Imphal, District – Imphal
[3]
W.P. (Cril.) No. 10 of 2018
Contd…/-
West, Manipur with a view to prevent him from acting in any
manner prejudicial to the security of the State and to the
maintenance of public order; and
4.
Whereas, Shri Haobam Brojendro Singh (39 yrs) has
moved a bail application in the Hon’ble Court of Judicial
Magistrate, Imphal East in connection with FIR No. 76(3)2018
IPS, u/s 409/’120-B IPC and 20 UA(P) A. Act; and
5.
Whereas, I am satisfied from the police report, that Shri
Haobam Brojendro Singh (39 yrs) S/o H. Tombi Singh of
Kwakeithel Nganapi Thong, P.S. – Imphal, District – Imphal
West, Manipur who is now in judicial custody, is likely to be
released on bail in the near future since, in similar cases, there
are instances of the accused being released on bail by the
competent court and that, he would resume activities which are
prejudicial to the security of the State and to the maintenance of
public order after being so released on bail and that therefore, he
should be prevented from commission of such prejudicial
activities through an alternative preventive measure.
6.
Now,
therefore,
I,
Ningthouj
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