HAOBAM JENNYCATER SINGH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) This writ application has been filed challenging the order passed by the District Magistrate, Imphal West on 06.1.2014 directing detention of the petitioner under the provisions of the National Security Act, 1980. From the grounds of detention, it appears that the petitioner was arrested on 23.12.2013 from his house and some recoveries were made. On the same day, he was handed over to the Officer in-Charge, Lamphel P.S. with written report and the seized articles. On the strength of the report, a case was registered vide FIR No. 260(12)13 LPS. In course of investigation, the petitioner was again arrested in connection with FIR No. 255(12)13 LPS and was remanded to police custody till 6.1.2014. On 6.1.2014 when the petitioner was in police custody, the impugned order of detention was passed.

(2.) The sole contention on behalf of the petitioner is that after the petitioner was arrested and taken to custody in connection with the above case, he had not filed any application for grant of bail and accordingly there could not be any apprehension in the mind of the District Magistrate that the petitioner may be released on bail and that after being released on bail, he would indulge in similar activities. Therefore, the subjective satisfaction recorded by the detaining authority in the order of detention in absence of any bail application pending on behalf of the petitioner, is without any basis and renders the order of detention invalid.

(3.) The State Government has filed a counter affidavit in support of the order of detention and it is stated in the counter affidavit that the petitioner is a hard-core member of KCP (Lamyanba Khuman) and has committed various activities which are prejudicial to maintenance of public order. On consideration of the above the order of detention having been passed, there is no illegality in such order of detention.