TUANKHANSUAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE nephew 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 Tunzamung Paite @ Joseph, who happens to be the nephew 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.) FROM Annexure -A/1, the order of detention dated 29.12.2012, it appears that the detenu was in judicial custody. The order of detention is quoted below: <FRM>JUDGEMENT_208_TLMANIP0_2013.htm</FRM>