THIYAM PRIYA DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The petitioner is the wife of Thiyam Roshan Singh, who was detained by the District Magistrate, Thoubal, in exercise of power under Sec. 3(2) of the National Security Act, 1980. By way of this writ petition, she assails the said detention order and seeks a consequential writ of habeas corpus.

(2.) Heard Mr. Ph. Sanajaoba, learned counsel for the petitioner; Mr. Athouba Khaidem, learned Government Advocate, appearing for respondents No. 1 and 2; and Mr. Y. Paikhomba, learned counsel, representing Mr. Kh. Samarjit, learned DSGI, appearing for respondent No. 3.

(3.) Perusal of the order and grounds of detention, both dtd. 4/10/2022, reflects that the detaining authority was conscious of the fact that the petitioner's husband was arrested on 30/8/2022 in connection with FIR No. 39(8)2022 Khongjom PS, registered under Ss. 18 and 20 of the Unlawful Activities Prevention Act, 1967, and Sec. 6A of the Explosive Substances Act, 1908. He was also aware of the fact that the petitioner's husband was thereafter arrested formally in connection with FIR No. 131(5)2022 Porompat PS, registered under Ss. 307, 324, 427 and 34 IPC along with Sec. 3 of the Explosive Substances Act, 1908, and that he was in judicial custody in Manipur Central Jail, Sajiwa, as on the date of passing of the detention order. However, no mention is made either in the order or the grounds of detention as to any bail petition having been filed by the petitioner's husband in relation to either of the two cases.