YUMMAN ONGBI LEMBI LEIMA Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Leave granted.

(2.) Under the Detention Order No.Cril/NSA/No.10 of 2011, Imphal, the 31 st January, 2011, issued by theDistrict Magistrate, Imphal West District, Manipur, the Appellant's husband, Yumman Somendro @ Somo @ Tiken, was detained under the provisions of the National Security Act, 1980. The said detention order was approved by the Governor of Manipur on 7 th February, 2011, in exercise of his powers conferred under Section 3(4) of the aforesaid Act. The order of the Governor of Manipur dated 18 th March, 2011, confirming the detention order passed against the husband of the Appellant and fixing the period of detention for 12 months on the subjective satisfaction of the detaining authority that the detenu was likely to be released on bail by the normal criminal Courts in the near future, was challenged on behalf of Yumman Somendro in the Gauhati High Court (Imphal Bench), but without success. This Appeal is directed against the said order of the High Court and the order of detention itself. Earlier, the Appellant's husband had been arrested on 21 st March, 1994 in connection with FIR No.478(3)1994 IPS u/s 13 Unlawful Activities (Prevention) Act, but was released on bail by the normal criminal Court. Despite the above, again on 29 th June, 1995, the Appellant's husband was arrested in connection with FIR No.450(6)95 under Churachandpur P.S. under Sections 386 and 34 IPC. Though he was released on bail by the normal criminal Court, he was again arrested under Section 13 UA (P) Act in connection with FIR No.190(5)98 and was released on bail on 8 th July, 1998. After being released on bail by the normal Criminal Court, Yumman Somendro was again arrested on 16 th January, 2011, in connection with FIR No.21(1)11 IPS under Section 302 IPC for the alleged murder of the then Chairman of the Board of Secondary Education, Manipur, Dr. N. Kunjabihari Singh. The Appellant's husband was produced before the Magistrate on 17 th January, 2011, who remanded him to police custody till 31 st January, 2011. On the said date, he was further remanded to police custody till 2 nd February, 2011, and when he was produced before the Chief Judicial Magistrate in connection with the said case, he was served with a copy of the detention order dated 31 st January, 2011, issued by the District Magistrate, Imphal West, under the National Security Act, 1980.

(3.) On 31 st January, 2011, the Appellant's husband was served with the grounds of detention under the National Security Act, 1980, under the authority of the District Magistrate, Imphal West. Along with the said order, copies of the documents on which the detaining authority had relied on to arrive at the conclusion that the detention of the Appellant's husband was necessary, was also served on him.