LOUREMBAM BUSAN SINGH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) BOTH the writ applications relate to orders of detention passed by the District Magistrate, Imphal West under sub -section (3) of Section 3 of the NSA, 1980. Though the grounds of detention are different in both the cases, similar issues having been raised, on the request of the learned counsel appearing for the parties, both the cases were taken up together for hearing and are disposed of by this common judgment and order.

(2.) PETITIONER in W.P.(Cril.) No. 27 of 2014 is the detenu. He has filed the writ application challenging the order dated 19th April, 2014 passed by the District Magistrate, Imphal West detaining him under the provisions of the National Security Act, 1980 when he was in judicial custody on the ground that it was necessary to prevent him from acting in any manner prejudicial to maintenance of the public order. The grounds of detention disclose that he joined a banned organization namely Kangleipak Communist Party -Noyon Faction (KCP - Noyon in short) towards the last part of 2013 through an important member of the said organization. Aim and object of the said organization is to separate the State of Manipur from Union of India to create an independent sovereign. For the above purpose, the organization was procuring arms and ammunitions from abroad and was recruiting youngsters from various communities in Manipur. In order to achieve the objects of the organization, its members have committed series of heinous crimes like murder, decoity, extortion of money, kidnapping for ransom in different parts of Manipur. It is further alleged in the grounds of detention that the petitioner, after joining the said organization, started delivering demand letters on behalf of the organization to general public and extorted huge amount of money in January and February, 2014. It's further alleged that in the first week of February, 2014, the petitioner was entrusted to hurl one hand grenade at the house of Potshangbam Devan Singh on the ground he was neglecting to pay the demand money made by the organization. The petitioner was arrested on 13.3.2014 by a police team of CDO/IW from a place near Singjamei Traffic point with recovery of one mobile handset and the sim card with four demand letters. On his disclosure, he was arrested on the same day in connection with another case. While he was in police custody, the impugned order of detention was passed.

(3.) THE petitioner in W.P.(Cril.) No. 28 of 2014 is also the detenu. In the writ application, he is challenging the order dated 19th April, 2014 passed by the District Magistrate, Imphal West under the provision of National Security Act, 1980 in order to prevent him from acting in any manner prejudicial to the maintenance of the public order. From the grounds of detention, it appears that the petitioner joined the banned organization namely People's Liberation Army (PLA in short) in the middle part of 1997 through his younger brother and started to work for the organization by extorting huge amount of money from the general public. On 30th November, 1997, he was arrested by a column of 30th A.R. and was released on bail by the Court in December, 1997. He was again arrested on 29.01.1999. Again he was arrested on 14.10.2001 and lastly, on 03.3.2009, he was arrested by 20th Assam Rifles and was released on bail on 6th March, 2009. After being released on bail on 6th March, 2009, it is alleged that the petitioner stayed at home along with his family members but again started working for the said organization with the objective of separating the State of Manipur from the Union of India and create an independent sovereign state by waging war against the lawfully established government by using fire arms. It is alleged that towards the last part of 2013, he was directed to extort money from the general public, government officials, contractors and businessmen, shop keepers located within the Imphal Area and he was handed over two 9 mm pistols with 19 live rounds for use. It is also alleged that the petitioner and his associates with use of such arms extorted Rs. 6 lakhs from the Agriculture Department and Rs. 3,30,000/ - from the shop keepers located in the Imphal Area in the month of February, 2014. Ultimately, he was again arrested on 26.3.2014 by a police team of CDO/IW and seizures of mobile phone, sim card and one 9mm pistol with 12 live rounds had been made. While in custody, in connection with the case for which he was arrested on 26.3.2014, the impugned order of detention was passed.