LAWS(SC)-2012-5-44

HUIDROM KONUNGJAO SINGH Vs. STATE OF MANIPUR

Decided On May 17, 2012
HUIDROM KONUNGJAO SINGH Appellant
V/S
STATE OF MANIPUR Respondents

JUDGEMENT

(1.) This Criminal Appeal has been preferred against the impugned judgment and order dated 13.l.2012 passed by the Gauhati High Court, Imphal Bench at Imphal in Writ Petition (Crl.) No.98 of 2011 dismissing the Habeas Corpus petition challenging the order of detention of appellant s son dated 30.6.2011 passed by the District Magistrate, Imphal West District under Section 3(2) of the National Security Act, 1980 (hereinafter called 'the Act ).

(2.) The son of the appellant, namely, Huidrom Shantikumar Singh was arrested on 19.6.2011 by the Imphal Police under Section 302 of Indian Penal Code, 1860 (hereinafter called 'IPC ) read with Section 25(1-C) of the Arms Act, 1959 (hereinafter called 'Arms Act ). The District Magistrate, Imphal West passed the detention order dated 30.6.2011 under the Act on various grounds with an apprehension that as in similar cases, the accused involved therein had been enlarged on bail the detenu in this case would also be released on bail and he would indulge in activities prejudicial to public order.

(3.) The appellant s son was served with the grounds of detention dated 2.7.2011. The detenu made representations on 16.7.2011to the Central Government as well as to the Government of Manipur which stood rejected. The detention order was confirmed vide order dated 16.8.2011and confirmation order was furnished to the detenu on 18.8.2011. The appellant filed Writ Petition (Crl.) No.98 of 2011 challenging the detention order in Gauhati High Court (Imphal Bench) which stood dismissed vide impugned judgment and order dated 13.1.2012. Hence, this appeal.