BETTY CHINGSUANKIM Vs. UNION OF INDIA

JUDGEMENT

(1.) The husband of the petitioner having been detained by the order of the District Magistrate, Churachandpur under Section 3(2) of the National Security Act, 1980 (for short 'NSA'), this writ application has been challenging the order of detention dated 29.12.2012, approval order of the Board dated 10.01.2013 as well as the confirmation order by the State dated 30.01.2013.

(2.) Mr.Serto T. Kom, learned counsel appearing for the petitioner assails the order of detention dated 29.12.2012 in Annexure-A/1 solely on the ground that on the date, i.e. 29.12.2012, the order of detention was passed, the detenu, Shri Lunkhomang Touthang @ Michael (28) yrs, S/o Mr. Solet Touthang of Zellang Veng, P.S.-Churachandpur, District- Churachandpur, Manipur, who happens to be the husband of the petitioner, was in custody and in the impugned order of detention, the District Magistrate has not recorded her subjective satisfaction to the effect that the detenu is likely to be released on bail and on being released he shall again indulge in criminal activities.

(3.) The learned GA appearing for the State as well as the learned CGSC appearing for the Union of India contended that though in the order of detention there was no mention about the above satisfaction of the District Magistrate, in the grounds of detention it was clearly mentioned that the detenu was likely to be released on bail. The grounds of detention being a part of the order of detention, non-mentioning of the subjective satisfaction of the District Magistrate in the order of detention in that regard shall not invalidate the order of detention. In support of such contention, reliance was placed on a decision of the Supreme Court in the case of Baby Devassy Chully @ Bobby vrs.- Union of India & Ors., 2013 4 SCC 531.