WAHENGBAM ONGBI USHARANI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The petitioner is the wife of the detenu, Wahengbam Ramananda Singh. She has filed this writ application challenging the order passed by the District Magistrate, Imphal East dated 08.01.2014 directing the detention of the husband of the petitioner under Sub Section 3 of Section 3 of the National Security Act, 1980( for short 'NSA').

(2.) From the grounds of detention, it appears that the husband of the petitioner joined a banned organization namely United National Liberation Front ( UNLF in short) in Sept.1994 and started working for the said organization. He was arrested once in 1996 and had been released on bail. Subsequently, on three more occasions, i.e. once in 1997, once in 1999 and once in 2012, he had been arrested and released on bail. On 4.12.2013 he was arrested for the 5th time and two Mobile Handsets with Sim cards had been seized from his possession. He was handed over to the local police and FIR No.91(12)13 HNG P.S. was registered for commission of offence u/s 365/447/120-B IPC read with Section 25(1-C) Arms Act and was remanded to police custody upto 18.12.2013. On 18.12.2013 when he was produced before the Court for judicial remand, he was again formally arrested in connection with FIR Case No.226 (7)2009 IPS for commission of offence registered u/s 17/20/UA(P)Act and was again remanded to police custody till 24.12.2013. He was again formally arrested in connection with FIR Case No.78(2)2011 IPS, u/s 365/368/34 IPC read with Section 16(1-B)/20 UA(P)A. Act and Section 5 of Expl. Subs. Act and was remanded to police custody till 09.1.2014.

(3.) Challenging the above order of detention, Shri Ph. Sanajaoba, learned counsel appearing for the petitioner submitted that when the husband of the petitioner was in custody and had not moved any application for bail and none of the co-accused persons had been released on bail, the subjective satisfaction recorded by the District Magistrate referring to a bail order not related to the husband of the petitioner or any of the co-accused, cannot be sustained in law. Reliance was placed by the learned counsel on a decision of the Apex Court in Rekha Vs. State of Tamil Nadu, 2011 5 SCC 244 and another Decision of the same Court in the case of Huidrom Konungjao Vs. State of Manipur, 2012 7 SCC 181.