HIDANGMAYUM DHANANJOY SHARMA Vs. DISTRICT MAGISTRATE THOUBAL MANIPUR

JUDGEMENT

(1.) The petitioner, who has been detained under sub section 3 of Section 3 of the National Security Act, 1980 (hereafter refers to as 'NSA') by order of the District Magistrate, Thoubal dated 29.4.2013, challenges the legality of the said order of detention in this writ petition.

(2.) On 18.10.2012 the petitioner was arrested by a team of CDO, Thoubal from his residential house and was handed over to Officer in-Charage, Lilong P.S. on 19.10.2012. A case was registered against him and since then he has been in custody. Again he was formally arrested in connection with another case on 14.12.2012 and had been remanded to judicial custody. While the matter stood thus, the District Magistrate, Thoubal District passed the order of detention on 29.4.2013 when the petitioner was in judicial custody in connection with the aforesaid cases. On the very same day, grounds of detention were served on him. The representations submitted by the petitioner to respondents- 2, 4 and the Chairman, Advisory Board, NSA dated 4.5.2013 were also rejected and his detention was approved on 9.5.2013. The State Govt. confirmed the order of detention on 17.6.2013.

(3.) The only challenge to the order is that when the petitioner was in custody and had not moved any application for bail, there was no necessity for issuing the order of detention and subjective satisfaction recorded by the District Magistrate nowhere indicates that the petitioner had either moved application for bail or was there any likelihood of he being released on bail.