LONGJAM BOY SINGH @ KHABA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Captioned 'Writ Petition' ('WP' for the sake of brevity) has been presented in this Court seeking issue of writ of habeas corpus qua 'a preventive detention order dtd. 21/7/2025 bearing Reference No. Crl/NSA/No. 8 of 2025' ('impugned preventive detention order' for the sake of convenience) made by R- 1 (District Magistrate, Imphal West) who shall hereinafter be referred to as 'detaining authority' (to be noted, 'R-1' is a short form reference to '1st respondent' and similar short form references will be made in this order qua other respondents also).

(2.) Short facts, shorn off elaboration, i.e., factual matrix in a nutshell containing facts that are imperative for appreciating instant order are that, there was an alleged occurrence (person missing/murder) on 11/6/2025; that, a dead body was found on 13/6/2025; that this led to registration of an FIR being 'FIR No. 38(6)2025 WGI-PS dtd. 14/6/2025 on the file of Wangoi Police Station in Imphal West District' ('said FIR' for the sake of convenience and clarity), to be noted, 'FIR' is an abbreviation which denotes 'First Information Report'; that the said FIR is qua Ss. 140(3)/127(3)/142/3(5)/109/61(2)BNS (Bharatiya Nyaya Sanhita, 2023); that based on the said FIR, writ petitioner before us (herein after 'detenu' for convenience) was arrested on 22/6/2025; that detenu moved a bail application on 30/6/2025 but the same was withdrawn as not pressed on 22/7/2025; that in the interregnum, i.e., on 21/7/2025, the impugned preventive detention order came to be made by detaining authority; that the impugned preventive detention order was followed by grounds of detention dtd. 23/7/2025 bearing Reference No. Crl/NSA/No. 8 of 2025 made by detaining authority; that the approval of the impugned preventive detention order by the State was vide proceedings dtd. 31/7/2025; that confirmation was vide order dtd. 22/8/2025 bearing Reference No. H-1401/16/2025-HD-HD; that on 4/10/2025, the detenu filed a default bail application obviously on the ground that final report has not been filed by the investigation/prosecution within the prescribed time; that this default bail application was allowed by concerned Court in and by an order dtd. 8/10/2025 in Crl. Misc. (B) Case No. 34 of 2025; that it is to be noted that the Court concerned is the Court of Judicial Magistrate First Class, Imphal West at Lamphelpat; that the default bail order of concerned Court has attained finality as State has not chosen to assail the same; that in the interregnum, captioned WP was filed in this Court on 25/8/2025 with a prayer for issue of writ of habeas corpus (as alluded to supra), notice was issued and respondents have entered appearance; that the captioned WP was taken up for hearing on multiple listings after affidavits-in-opposition were filed by R-2 (State of Manipur, represented by Chief Secretary), R-3 (Superintendent of Manipur Central Jail, Sajiwa) and R-4(Union of India represented by Secretary, Home Affairs); that R-1, i.e., detaining authority has not chosen to file affidavit-in- opposition; that the captioned WP was heard out with the consent of all learned counsel on both sides today.

(3.) In the hearing today, Mr. Ch. Ngongo, learned senior counsel instructed by Ms. S. Gangarani, learned counsel on record for writ petitioner (to be noted, detenu himself is writ petitioner before this Court), Mr. Sh. Yangya, learned senior counsel and prosecutor instructed by Mr. Phungyo Zingkhai, learned Dy. Government Advocate and Mr. W. Darakeshwar, learned Sr. Panel Counsel for Central Government (PCCG) are before this Court. As already alluded to supra, main WP was taken up and heard out with the consent of all these learned counsel.