SHRI YUMNAM CHIRANJIT SINGH @ PHAJABA @ ROBERT Vs. THE STATE OF MANIPUR REPRESENTED BY THE CHIEF SECRETARY,GOVT. OF MANIPUR

JUDGEMENT

(1.) This application has been filed for quashing of the order dated 06.11.2015 passed by the District Magistrate, Imphal West, 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 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.

(2.) The grounds on which the order of detention was passed are that the detenu joined a banned organisation namely, United Peoples' Party of Kangleipak (UPPK) in the month of April, 2009. After joining the said organisation the detenu indulged himself in illegal activities of extorting money from general public residing in Imphal East and Imphal West. However, he was arrested on 26.08.2009 and was remanded to custody in connection with a case registered as FIR No.274(8) 2009 Porompat P.S under Section 20 UA(P) Arms Act. After he was released on bail he led normal life for a considerable period of time but in the year 2015 he along with one Shri S. Shanta Singh joined the United National Liberation Front (UNLF) a banned organisation objective of which is to secede the State of Manipur from the Union of India and to create an independent sovereign State of Manipur. After joining, the detenu at the instance of Shri Sinam Somorendro Singh started committing offences of extortion, transpiration of weapons. The detenu and his associates after extorting money from various businessmen, Government employees, general public used to hand over to the said Shri Sinam Somorendro Singh so that arms and ammunition be procured for the organisation. In order to achieve the objectives of the organisation the detenu and others also committed offences like murder, dacoity, robbery, kidnapping for ransom from different parts of Manipur. It is also been recorded in the grounds of detention that on 31.10.2015, the detenu was arrested by the team of CDO Imphal West from Konjeng Leikai Kounathabi and was handed over to O.C Singjamei P.S with a written report on the basis of which a case was lodged as FIR No. 252(10)2015 Singjamei P.S under Section 17/20 of UA(P) Arms Act and the detenu was remanded to custody.

(3.) A copy of the said detention order was served along with the grounds of detention upon the detenu while he was lodged Jail. The order of detention was approved by the State Government on 17.11.2015. Having receipt of the detention order, the dtenu submitted his representation on 25.11.2015, which was rejected by the District Magistrate. Subsequently, the order of detention was confirmed by the State Government on 02.01.2016. The aforesaid orders of detention, its approval as well as confirmation have been challenged on several grounds.