SMT. R. VUMGKHOMANGVAIPHEI Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 12.1.2016 passed by the District Magistrate, Senapati, 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/C/01/16 against the detenu, namely ThanglaldinVaiphei @Shaolin after being satisfied 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 after joining Kuki Revolutionary Army(for short 'KRA') organization in the year 2014 had a military training for 3 months. After passing out parade, the detenu was posted at TaphouKuki Village under self - styled sergeant Major Shri Stephen Haokip. Subsequently, he was appointed as security guard to self -styled sergeant Major Stephen Kuki. During this period, the detenu along with others involved himself in extorting money from the drivers of vehicles plying on NH -2. It has been further recorded that on 13.1.2015 while the detenu was sleeping along with other members of KRA in Taphou Village, a raid was laid during which they were found in possession of sophisticated arms and ammunitions. Accordingly, they were arrested and a case was registered as SEK PS Case No. 5(1)15 u/s 400/384/120B/157/34 IPC and 25(1 -C) A. Act. The detenu was remanded to judicial custody. However, he was bailed out in the month of Sept.2015. The detenu again joined KRA organization. On 18.12.15 he was arrested while he was extortingmoney from vehicle owners for which a case was registered and the detenu was remanded to judicial custody.

(3.) On such grounds, the respondent No.2, after recording that the detenu (in custody), a member of KRA is acting in a manner prejudicial to the maintenance of public order, passed the detention order on 12.1.2016. A copy of the 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 on 24.11.2016 by the State Government which subsequently was confirmed on 26.2.2016. The aforesaid orders of detention, its approval as well as confirmation have been challenged on several grounds.