KAPKHANLUN ZOU ALIAS KAPLUN Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr.R.K.Umakanta, learned counsel for the petitioner and Ms.Sundari, learned GA for the respondents.

(2.) The present petition has been filed seeking payment of Rs.1 lakh with interest as compensation from the respondents claiming that the petitioner had been illegally and wrongfully confined and continued in detention in jail/custody for 8 (eight) days after being set free by the High Court on quashing of his detention order passed under the National Security Act, 1980 (NSA).

(3.) The brief facts of the case, as pleaded by the petitioner, may be stated as follows. The petitioner was arrested on 21.03.2007 by the BSF on the charge of possession of an Air Pistol and handed over to the Police in connection with which the FIR Case No. 48(3) 2007 CCPur P.S under Section 400 IPC and 25(1-C) Arms Act was registered against him. Accordingly, he was remanded to judicial custody by the C.J.M, Churachandpur on 22.03.2007 till 30.03.2007. While the petitioner was in custody in connection the FIR case, the District Magistrate, Churachandpur, issued the order for detaining him under the National Security Act, 1980 (NSA) vide order dated 28.03.2007. The petitioner filed W.P. (Cril) No.67 of 2007 challenging the aforesaid detention order passed under the NSA before the Gauhati High Court, Imphal Bench. The writ petition was allowed by the High Court on 30.01.2008 by setting aside the order of detention and directed as follows: