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2019 Supreme(Online)(Manipur) 9

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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