(1.) This application has been filed for quashing of the order dated 02.09.2015 passed by the District Magistrate, Imphal West, (respondent no.1) whereby and whereunder respondent no.1 in exercise of the power conferred under sub-section (3) of Section 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 as well as maintain to public order it has become necessary to do so.
(2.) The grounds on which the order of detention was passed are that the detenu joined the armed underground organisation namely, National Socialist Council Nagaland of Nagalim- Khaplang faction ("NSCN-K" in short) in the month of March, 1996 at the instance of one Mr. Temjing Ao of Mokochung, Nagaland an important member of NSCN-K. After joining the organisation, the detenu along with 139 cadres of NSCN-K including 8(eight) girls underwent basic training at Chumnu Training Centre, Mayanmar. After the training was over the detenu in the month of June, 1996 was made Chairman of Zeliangrong Region, NSCN-K and came to Manipur in order to look after the activities being carried out by the cadres of NSCN-K. In December, 1997 the detenu was promoted to the rank of Captain and continued to work as Chairman of Zeliangrong Region. On 10.04.2000 the detenu was arrested from Thangal Bazar in connection with a case registered as FIR No.64(4)2000 City P.S under Section 121/121-A of IPC, 25(1-B) Arms Act, 13 UA(P) Act & 5 Expl. Subs. Act. The detenu was remanded to judicial custody on 19.04.2000 in connection with the aforesaid case. After he was released on bail in the last week of April, 2000 the detenu stayed at home along with family members and led normal life but in the 1st week of January, 2001 the detenu left home and contacted Revenue Kilonser, Mr. Jelule Angami of Josoma village, Nagaland and started to work again as Chairman of Zeliangrong Region NSCN-K. The detenu started carrying out mobilisation work alongwith 6/7 cadres of NSCN-K by contacting village chiefs of different tribes. In the last part of 2002 he was transferred to Mokochung town and continued the same activities. However, he left that village for Zotsoma village, Nagaland (strong hold of the NSCN-K) and stayed there till June, 2008. The detenu was promoted to the rank of Medical Kilonser and started looking after the activities of NSCN-K in carrying out mobilisation works organising public meetings at different places in Manipur and Nagaland. That apart, the detenu directed the cadres of NSCN-K operating at Imphal to extort money from general public particularly, Government offices. Acting upon his commands the cadres of NSCNK demanded huge amount of money from various persons working in different Departments of Manipur Government. In the month of November, 2009 they had demanded Rs. 2(two) cores from the Director of Food & Civil Supply, Manipur. The detenu was also a member of the central committee of NSCN-K. In the month of March, 2015 a general body meeting of NSCN-K was held at Myanmar. In that meeting it was decided to attack Indian security forces at different places in order to show the strength of NSCN-K as well as to extort huge amount of money from the Government officials. In the grounds of detention it has been further recorded that the aims and objectives of the NSCN-K was to establish a Sovereign State by unifying all the Naga inhabited areas in the North East of India and Northern Burma for forming Nagalim. In fulfilling the aims and objectives of the organisation they committed serious crimes such as murder, dacoity, robbery, extortion, kidnapping for ransom at different parts of North Eastern States of India including Manipur.
(3.) On the aforesaid grounds, 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 maintenance of public order passed the order of detention on 02.09.2015.