LEISHANGTHEM ANGOUBA Vs. THE DISTRICT MAGISTRATE, IMPHAL WEST

JUDGEMENT

(1.) HEARD Mr. Ch. Ngongo, learned counsel appearing on behalf of the petitioner and Mr. A. Vashum, learned G.A. appearing on behalf of the respondents No. 1, 2 and 3 as well as Mr. S. Rupachandra, learned ASG appearing on behalf of the respondent No. 4.

(2.) IN this writ petition, the petitioner has challenged the detention of the petitioner under an order dated 14.07.2014 passed under Section 3(2) of the National Security Act, 1980 (for short 'NSA') by the District Magistrate, Imphal West. The grounds of detention were furnished to the petitioner on 16.07.2014.

(3.) MR . Ch. Ngongo, learned counsel appearing for the petitioner has submitted that the petitioner was arrested in connection with FIR No. 355(11) 2011 SJM P.S. under Section 307/506/34 IPC, 4 Expl. Subs. Act & 20 UA (P) A. Act in connection with which the petitioner had filed a bail application before the Court. However, the same was pending before the Court. The petitioner was in the meantime arrested also in connection with FIR No. 496(8) 2011 Imphal P.S. and FIR NO. 454(8) 2011 Imphal P.S. and he was remanded to police custody and thereafter to judicial custody in those cases also but the petitioner did not file any bail application in respect of the said two later FIR cases. Accordingly, Mr. Ch. Ngongo, learned counsel for the petitioner has submitted that even though the petitioner had filed a bail application in respect of one of the FIR cases, he did not file any application in respect of the remaining two FIR cases in connection with which also he was arrested. Accordingly, it has been submitted that question of the petitioner being released on bail does not arise and the subjective satisfaction of the detaining authority in forming opinion that the petitioner is likely to be released on bail which was also not indicated in the detention order, is not based on any legally permissible basis and accordingly, has submitted that the detention order has been vitiated. Relying on the decision of the Hon'ble Supreme Court in Rekha -vs. - State of Tamil Nadu: : (2011) 5 SCC 244 as well as Huidrom Konungjao Singh -vs. - State of Manipur and Ors.: : (2012) 7 SCC 181 and as per the latest decision of the Apex Court in Smt. Wahengbam Ongbi Usharani Devi -vs. - State of Manipur and Ors. decided on 11.11.2014 in Criminal Appeal No. 2413 of 2014, Mr. Ngongo, the learned counsel has contended that in absence of any bail application, question of release on bail does not arise and as such any detention of a person already in custody cannot be issued as in absence of such bail application there was no likelihood of his being released. Accordingly, it has been stated that the impugned order of detention is liable to be set aside.