YAHIYA KHAN Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This application has been filed for quashing of the order dtd. 23/6/2015 passed by the District Magistrate, Imphal West, (respondent no.2) whereby and whereunder respondent no.2 in exercise of the 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 maintain public order it has become necessary to do so.

(2.) The grounds on which the order of detention was passed are that the detenu having been enrolled in the 4th India Reserve Battalion as Rifleman had been posted under different Police stations. During that course he came into contact with one Md. Atao Rahaman @ Atabur @ Md. Ataur Rahaman, an important member of the co-ordination committee of underground outfits (conglomerate of six valley-based underground outfits) in short known as 'CORCOM' which had been declared as unlawful organization by the Government of India, who instigate the detenue to carry out activities which is prejudicial to the security of the State as well as public order. The detenu having agreed to do so exploded hand grenade at the northern fencing of 40 Assam Rifles, Lilong Post and also at the Angel Ditigal Service, Uripok for which two FIRs bearing No. 119(12)2014 LIL-PS registered under Sec. 307/34 of the IPC, 3 Expl.Subs. Act and 16(1)(b)/20 UA(P) Act as well as FIR No. 452(12)2014 Imphal P.S. registered under sec. 121/121A /307/ 325/326/506/427/34 of the IPC, 3 Expl. Subs. Act and 16/20 UA(P)Act were lodged. For committing such offences the detenu was paid sum of money of Rs.11,000.00 and that on 19/5/2015 at about 8.00 P.M., the detenu was arrested in connection with City P.S. Case No. 68(05)2015 registered under Sec. 121/121-A of the IPC, 20/16 (1)(b) UA(P) Act, 25(1)(a)(1-B)A. Act 4/5 Expl. Subs. Act. Subsequently he was remanded in connection with the aforesaid two cases. The detaining authority after recording that the detenu after availing facilities of bail would continue to indulge in the same activities which are prejudicial to the security of the State and maintenance of public order, passed the order of detention on 23/6/2015.

(3.) A copy of the said detention order was served along with the grounds of detention upon the detenu while he was lodged in Jail. The order of detention was approved by the State Government on 4/7/2015. Subsequently it was confirmed on 31.07.02015. Having receipt of the detention order, the detenu submitted his representation on 8/7/2015, which was received by the District Magistrate on the same day, however the State Government rejected it on 15/7/2015. The State Government forwarded the representation to the Central Government who received it on 8/8/2015 and rejected on 13/7/2015. The said orders of detention, its approval as well as confirmation have been challenged on several grounds.