MR. JENCHUI KAMEI @ KHANGHIAMNGAMPOU (38 YRS.) S/O KARINGLINPOU @ THAMBOU Vs. THE DISTRICT MAGISTRATE, TAMENGLONG, DISTRICT, GOVT. OF MANIPUR

JUDGEMENT

(1.) At the outset, it be stated that when the case was called out, Mr. A. Vashum, learned Addl. G.A. appearing for the State respondents sought for time for filing affidavit-in-opposition which we refused for the reason that earlier three weeks ' time had been given for filing affidavit-in-opposition but it could not be filed. However, granting of time for filing affidavit-in-opposition would not serve any purpose as the order which we are contemplating to pass is based on the decision rendered in the case of Union of India Vs. Paul Manickam & Anr. reported in (2003) 8 SCC 342 which decision has been followed by this Court in number of the cases.

(2.) This application has been filed for quashing of the order dated 04.02.2016 passed by the District Magistrate, Tamenglong, respondent No.1 whereby and where under respondent No.1, in exercise of power conferred under sub Sec. (3) of Sec. 3 of the National Security Act, 1980 passed the order of detention against the petitioner after being satisfied that in order to prevent the detenu from acting in any manner prejudicial to the security of the State and to the 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 year 2004 had joined underground organisation namely, National Socialist Council of Nagalim-Isac/MUivah faction (NSCN-IM). After joining the said organisation, the detenu along with 400 other persons were imparted with basic military training at Mount Gilead Training Centre of NSCN-IM, Nagaland, After completion of the training the detenu was posted as Office Assistant in the office of C.A.O(Central Administrative Officer) Zeliangrong Region. Thereafter, he was transferred and posted at different camps of NSCN-IM. On 24.03.2008, the detenu was arrested along with his two other associates by CDO- Bishnupur in connection with the case bearing Loktak P.S No.5(3) 2008 registered under Sections 384/400/506 of the Penal Code and also under Sec. 25(1- C) of the Arms Act and remanded to jail custody on 29.03.2008. In the 1st week of May, 2008 the detenu was released on bail. After being released on bail the detenu stayed at home and started leading normal life but it did not last long. The detenu in the month of July, 2008 rejoined NSCN-IM and resumed to work as Regional Secretary of Zeliangrong Region during which period the detenu along with his associates used to collect taxes from the trucks transporting forest products. In the month of Dec., 2010, the petitioner was promoted to the rank of Self Styled Under Secretary of Finance Department.