LEISHANGTHEM UMAKANTA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THE petitioner, in this writ application, assails the order passed by the District Magistrate, Imphal West dated 29.3.2014 directing his detention under sub -section 2 of Section 3 of the National Security Act, 1980.

(2.) IT is alleged in the grounds of detention in Annexure -A/2 that the petitioner joined a banned organization namely United National Liberated Front (UNLF) as a member in December, 1999. He went through different training programmes. On 12.1.2002 he was arrested by a police tem of CDO/Imphal West and one.38 Pistol with 5 rounds were seized from him. He was remanded to judicial custody on 19.1.2002. While he was in judicial custody, District Magistrate, Imphal West passed order of detention under the National Security Act on 19.1.2002. After completing the period of detention he was released on 13.1.2003.

(3.) MR . A. Vashum, learned Government Advocate appearing for the State respondents submitted that for commission of similar offence the petitioner had earlier been released on bail twice -once in 2002 and again on 26.3.2014 and therefore the District Magistrate, Imphal West had every justification in apprehending that the petitioner may also be released on bail in connection with FIR 149(5)2009 I.P.S. the moment he applies for grant of bail. It was further contended by the learned counsel for the State that the delay in disposal of the representation has been explained in the counter affidavit and therefore claim, of the petitioner that delay in disposal of the representation has not been explained, is based on no material.