KHONGBANTABAM ROBIN SINGH AND ORS Vs. DISTRICT MAGISTRATE, IMPHAL WEST DISTRICT, GOVERNMENT OF MANIPUR AND ORS

JUDGEMENT

(1.) The petitioner in this writ petition questions the legality of the order of detention dated 6th July, 2013 passed by the District Magistrate, Imphal West directing his detention under section 3(2) of National Security Act, 1980.

(2.) It is the case of the petitioner that on the date the impugned order of detention was passed, he was in police custody having been arrested in connection with a Criminal Case and his application for grant of bail had been rejected. There was no further application pending on behalf of the petitioner for grant of bail. Therefore, in absence of any application for grant bail when the petitioner was in police custody, there was no necessity of passing the order of detention and that the subjective satisfaction of the District Magistrate, Imphal West that the petitioner is likely to be released on bail in the near future as bails are granted in similar cases is based on no material.

(3.) A counter affidavit has been filed on behalf of the respondent No.1. It is stated in the counter affidavit that the petitioner was running a tea stall to maintain his family. Most of the people of the locality and members of different underground organizations who were operating in Manipur valley used to also visit the stall frequently and used to take shelter in his house. The underground members also utilized the services of the petitioner to collect information about location of non-Manipuris who were staying in different rented houses and to watch movement of the security forces. On the basis of the information given by the petitioner, a powerful bomb was planted by the petitioner along with two PLA members in the rented house of N.P. Devi of Uripok as a part of supporting the agitation launched by general public for implementation of "Inner Line Permit System" in the state of Manipur. Due to such bomb blast, 5(five) non-Manipuris along with some other local men sustained injury and two of them ultimately succumbed to the injury. The petitioner was arrested and was detained in custody and while continuing in custody, the impugned order of detention was passed as the District Magistrate, Imphal West was satisfied that in such cases bail is granted to accused persons and there is every likelihood that the petitioner shall also be released on bail and after being released on bail, he shall indulge in such activities.