SHRI CHINGTINNENG VAIPHEI, AGED ABOUT, 45 YEARS, W/O SHRI LETKHOGIN VAIPHEI, A RESIDENT OF SALAM PATONG VILLAGE, SADAR HILLS EAST, P.S. YAIRIPOK, DISTRICT Vs. THE STATE OF MANIPUR REPRESENTED BY CHIEF SECRETARY, GOVT. 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 where under 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. 8 of 2016 against the detenu namely Mr. Letkhogin Vaiphei after recording 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.

(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 Jan., 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. 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 the Lamphel P.S. which was registered as Lamphel P.S. case No.77(4)16 u/s 364 A of the IPC. In course of investigation, said case was transferred to Imphal P.S. 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, namely Khumanthem Tondonba Singh and demanded Rs. 70 lakhs. For the said occurrence, a case was registered as Churachandpur PS Case No.24(5)16 u/s 400/365/34 of the Penal Code and 25-IC of the Arms Act. After negotiation the detenu and his associates collected Rs. 8 lakhs for release of said driver. Out of the said amount Rs. 4,50,000.00 was kept by the detenu and the remaining amount was handed over to Douthanglen Kipgen. On 13.5.2016 the detenu at the instance of Lunliansiam vaiphei handed over Rs. 4,47,00.00 to Mrs. Tingngaineng Vaiphei so that the same be handed over to Lunliansiam Vaiphei. On 14.5.2016 the detenu was arrested by Imphal West police who handed over to the officer in-charge of Imphal PS with a written report and thereupon the detenu was arrested in connection with a case registered as Imphal PS Case No.107(5)16 registered u/s 364A of IPC. Subsequently the detenu was remanded other cases.

(3.) On such ground, the respondent No.2, after recording that detenu is going on 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.