MOIRANGTHEM NABACHANDRA SINGH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THIS writ application has been filed challenging the order passed by the District Magistrate, Imphal West on 20.1.2014 directing detention of the petitioner under the provisions of the National Security Act, 1980. From the grounds of detention, it appears that the petitioner was arrested on 5.1.2014 from House No. 2 near Bageswari Mandir, Guwahati and certain articles were seized from him. On 6.1.2014 he was again arrested by a team of Imphal Police Station from Pan Bazar P.S. Guwahati in connection with FIR No. 20(1)13 IPS. He was remanded to police custody till 20.1.2014. While in police custody, the impugned order of detention was passed.

(2.) THE sole contention on behalf of the petitioner is that after the petitioner was arrested and taken to custody in connection with the above case, he had not filed any application for grant of bail and accordingly there could not be any apprehension in the mind of the District Magistrate that the petitioner may be released on bail and that after being released on bail, he would indulge in similar activities. Therefore, the subjective satisfaction recorded by the detaining authority in the order of detention in absence of any bail application pending on behalf of the petitioner, is without any basis and renders the order of detention invalid.

(3.) THE sole question for consideration before the Court is as to whether in absence of a bail application on behalf of the petitioner for being released on bail in connection with the case for which he had been taken to custody, an order of detention could be passed or not. Law is well settled that the District Magistrate, while passing the order of detention under the NSA, 1980, is required to record his subjective satisfaction. The entire order of detention is quoted below: