LHINGKHOLAM LHOUVUM Vs. STATE OF MANIPUR REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF MANIPUR; DISTRICT MAGISTRATE, SENAPATI UNION OF INDIA THROUGH SECRETARY TO GOVERNMENT OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondents.

(2.) This application has been filed for quashing of order dated 10.5.2016 passed by District Magistrate, Senapati, respondent No.2 whereby and whereunder, respondent No.2, in exercise of power conferred under sub Section 3 of Section 3 of the National Security Act, 1980 passed order of detention in a case bearing No.Cril NSA/C/09/16 against the detenu, Satkholen Lhouvum after being satisfied that in order to prevent the detenu from acting in any manner prejudicial to the security of the State and maintenance of public order, it has become necessary to do so.

(3.) The grounds on which the order of detention was passed are that the detenu in the month of January, 2016 at the instance of one Haokhulen Lhouvum, joined a banned organisation namely Kuki Unification Frontal Organisation (KUFO), the aim and objective of which organisation is to create two Kuki States one within the Myanmar and another within India by amalgamating all the Kukis inhabited within India and outside. To achieve the said objective, arms and ammunitions were procured from foreign countries for the said organisation and to strengthen the said organisation, youngsters from Kuki communities were recruited. It is also the case that after joining the said organisation the detenu along with others including one Lamkhokai Sitlhou, started extorting money from general public, government officials, businessmen etc. The extorted money was deposited with Haokhulen Lhouvum. In course of time, the detenu as well as nineteen other new recruits of KUFO were imparted with military training, during which the detenu was directed to handover one AK 47 rifle with fifteen rounds in a magazine, 9 mm carbine machine gun with magazine to the cadres of KUFO. For that purpose the detenu along with Lamkhokai Sitlhou left the training centre and proceeded towards Thenjang Village via Daili Village. During that course the detenu as well as Lamkhokai Titlhou were arrested on 1.5.2016 by 25th Assam Rifles and recovered those arms and ammunitions under seizure memo. Both the persons arrested including the detenu were handed over to O/C Imphal P.S with a written complaint. On the basis of the said report a case was registered as Imphal P.S Case No.106 (5) 2016 under Section 400 of IPC as well as 25 1-C of the Arms Act. However, since the place of occurrence was falling within Kangpokpi P.S, the case was referred to there where the case was registered as KPI P.S. case No.51(5) 2016 under the aforesaid section of the IPC and arms Act. On such grounds the respondent No.2 after recording that the detenu is acting in a manner prejudicial to the maintenance of public order, passed the order of detention on 10.5.2016 which was approved on 20.5.2016. The aforesaid orders of detention, approval and confirmation have been challenged on several grounds.