SHRI HEISNAMIBOMCHA SINGH Vs. DISTRICT MAGISTRATE, BISHNUPUR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 11.8.2015 passed by the District Magistrate, Bishnupur, respondent No.1, whereby and whereunder the respondent No1, in exercise of powers conferred under sub section (3) of section 3 of the National Security Act, 1980, passed the order of detention in Cril.1/NSA/DM.BPR/2016 against the detenu namely HeisnamIbomcha Singh 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 joined a banned organization namely KangleiYaolKanbaLup (KYKL) in April, 2001 at the instance of one AngomInaocha @ Nanao @ Chinglemba of PhayengSabalLeikai. After the detenu joined the said organization, he started giving shelter to the members of the said banned organization in his house where they used to conceal arms and ammunitions. Subsequently, when the detenu was found in possession of illegal arms, he was arrested in connection with Moirang PS case No.38(5) 2001 instituted u/s 10/13 UA(P) Act and 25(1 -B)of the Arms Act. In course of time, the detenu was released on bail but again started working for the said organization and therefore in the year 2010 he was again arrested in connection with Moirang PS Case No.100(7) 2010 instituted u/s 20 UA(P) Act. However, he was released. After being released, the detenu stayed at his home started leading normal life but in May, 2014 he again came in contact of self -styled Sgt. Major NingthoujamNingthem Singh and again re -joined the said organization. After joining the detenu, as per the instruction of said N.Ningthem Singh, started raising fund for the said organization by extorting money from the people. In that process, detenu extorted money from Dr. K. Modhu Singh and also from Moirang College and Moirang Block Office. Further case is that in the first week of Aug/2014 one R.K.Raghunath handed over two hand grenades along with some money through some unknown women to hurl it at the house of M. Prithvi Raj, the then MLA as he had refused to pay money. On 10.8.2014 the detenu called one S. Abung @ Umesh Singh to his house and instructed him to hurl hand grenade at the house of M. Prithvi Raj Singh. This work was to be done by said Umesh Singh along with one H. Somen Singh. Accordingly, the detenu handed over two hand grenades and also some cash for doing the said act. Accordingly, on 11.8.2014 at 7:35 PM they hurled one hand grenade at the court yard of M. Prithvi Raj which got exploded for which Moirang PS case No.60(8)14 was registered u/s 307/427/326/34 IPC and also u/s 20 UA(P)Act and 3 Expl. Subs.Act. On 14.6.2015 said H. Somen Singh was arrested by a police team of CDO/ Bishnupur who disclosed about the manner in which the act has been done and accordingly S. Abung @ Umesh Singh was arrested. On their disclosure one grenade was seized from the house of detenu and thereby a case was registered as Moirang PS case No.59(6)/15 u/s 20 UA(P) Act and 5 Expl.Subs.Act. The detenu was arrested in the said case and then he was also remanded in a case arising out of Moirang PS case No.60(8)14.

(3.) On such ground the respondent No.1, after recording that the detenu, a member of the banned organization, KYKL is acting in the manner prejudicial to the maintenance of public order, passed order of detention on 11.8.2015. A copy of the detention order was served along with the grounds of detention upon the detenu while he was lodged in Jail. Order of detention was approved on 20.8.2015 and it was confirmed on 7.9.2015. The aforesaid order of detention and its approval as well as confirmation have been challenged on several grounds.