THOUDAM KHAMBA SINGH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THE petitioner having been detained by order dated 25th March, 2014 passed by the District Magistrate, Imphal West under Section 3(3) of the National Security Act, 1980 (for short "N.S.A.") has filed this writ petition challenging the said order of detention in Annexure -A/1.

(2.) IT is alleged in the grounds of detention that the petitioner joined a banned organization namely PREPAK in the first week of April, 2009 and took basic military training along with 15 new cadres in the district of Tamenglong. Thereafter, he was sent to Nepal and was again brought back in May, 2010 to carry out some organizational works such as mobilization, raising of funds by extortion from general public at Imphal. On 21st July, 2010, he was arrested and one 9 mm pistol with two live rounds were seized from his possession. While he was in judicial custody, by an order dated 4th August, 2010 he was detained under the NSA by the District Magistrate, Imphal West. He was released on bail in May, 2011 after the order of detention was revoked. Again he was arrested for the second time in 2012 and one 9 mm pistol with four live rounds were seized from his possession. When he was in custody in connection with the said case, another order of detention was passed on 12.6.2012. However, the said detention order was again revoked by the Court on 5.10.2012 and he was released. After being released, he stayed at home along with his family members and started to live a normal life. However, he again contacted the said organization in November, 2012 and started working for the organization. It is further alleged that he was involved in extorting money from the contractors. During investigation of FIR No. 166(8)2013, Singjamei P.S. it was revealed that the petitioner and another had taken shelter at a place at Mithapur, Bihar to evade arrest by police and accordingly, on 9.12.2013, a police team was deputed to arrest him. On 10.12.2013, he was arrested from a bus stand at Mithapur in the State of Bihar in connection with the above case and some documents were seized from him as mentioned in the grounds of detention. He was brought to Imphal after getting a transit warrant on 17.12.2013 and was produced before the Court. Thereafter, he was remanded to judicial custody. While in judicial custody, the impugned order of detention was passed on 25th March, 2014.

(3.) WITH reference to the above grounds, learned counsel appearing for the petitioner submitted that not a single incident in the grounds of detention has been said to be in breach of public order though the detention order has been passed solely on the ground of breach of public order. It was also contended by the learned counsel appearing for the petitioner that u/s. 3(5) of the NSA, the State Government is required to inform the Central Government regarding approval of the order of detention within 7(seven) days. But there was long delay in informing the Central Government about approval of the order of detention. In the counter affidavit filed on behalf of the state respondents, no explanation has been offered as to why there was such long delay in informing the Central Government about approval of the order of detention passed against the petitioner. So far as the representation is concerned, it was contended by the learned counsel appearing for the petitioner that the representation addressed to the Central Government dated 8.4.2014 was forwarded by the State Government only on 22.4.2013 and delay of 14 days in sending the representation to the Central Government has not at all been explained in the counter affidavit filed on behalf of the state respondents.