SHRI LETZATHANG VAIPHEI Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 21.7.2016 passed by the District Magistrate, Imphal West, respondent No.2, whereby and whereunder the 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 in Cril/NSA/No.20 of 2016 against the detenu namely Mr. Lunliansiam Vaiphei.

(2.) The grounds on which order of detention was passed are that the detenu joined the armed gang namely Kuki National Front-Democrates faction (KNF-D )/Tribal Revolutionary Army (TRA ) as a member in the month of January, 2016. Thereupon, he, on coming to contact of several members of said organization, started extorting money from various Government employees, contractors etc. residing within the area of Churachandpur district as well as Sadar hills by delivering extortion letters. In the last week of March,2016 one Doughanglen Kipgen @ John Hangsing handed over 4 letters of extortion to the detenu with direction to deliver the same to public for extorting money. On 26.4.2016 the detenu and his associates, on the point of a Pistol, kidnapped one Thangsianbiak Biabiak, PRO to one MLA and demanded Rs.70 lakhs as ransom by sending sms through a mobile. For this occurrence a case was lodged with Lamphal PS which was registered as Lamphal PS case No.77(4)16 u/s 364-A of the IPC. In course of investigation, said case was transferred to Imphal PS where it was registered as Imphal PS case No.107(5)16 u/s 364-A of the IPC. While negotiation was going on with respect to amount of ransom to be paid, the detenu and others kidnapped one Excavator JCB driver named as Khumanthem Tondonba Singh and demanded Rs.70 lakhs. For said occurrence, a case was registered as Churachandpur PS Case No.24(5)16 u/s 400/365/34 IPC and 25(1-C) A Act. After negotiation the detenu and his associates collected 8 lakhs for release of said driver. Out of the said amount, Rs.4,50,000/- was kept by Letkhogin Vaiphei and the remaining amount was handed over to Douthanglen Kipgen. On 13.5.2016 said Letkhogin Vaiphei at the instance of detenu handed over Rs.4,47,000/- to Mrs Tingngaineng Vaiphei so that the same be handed over to the detenu. On 13.5.2016 the detenu was arrested from a rented house from where two Nokia Mobile Handsets were recovered. Further Nokia Mobile handset as well as extortion letters were recovered at the instance of the detenu which were seized. Thereupon the detenu was handed over to Officer in-Charge, Imphal P.S. with a written report and the seized articles, on the basis of which Imphal PS No.107(5)16 was registered u/s 364-A of the IPC and the detenu was remanded to police custody and then to Judicial custody.

(3.) On such ground the respondent No.2, after recording that the detenu is acting in the manner prejudicial to the maintenance of public order, passed order of detention on 21.7.2016 which was approved on 1.8.2016. The aforesaid order of detention and its approval have been challenged on several grounds.