SHRI YUMNAM SUNIL SINGH @ BABUSANA, AGED ABOUT 29 YEARS S/O Y. BASANTA SINGH OF OINAM SAWOMBUNG AWANG LEIKAI, PS WAGAI, IMPHAL WEST DISTRICT, MANIPUR (NOW IN THE MANIPUR CENTRAL, SAJIWA AS A DETENU UNDER NSA) Vs. THE DISTRICT MAGISTRATE, IMPHAL WEST, MANIPUR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 16.7.2016 passed by the District Magistrate, Imphal West, respondent No.1, whereby and where under the respondent No.1, in exercise of power conferred under sub section 3 of Sec. 3 of the National Security Act 1980, passed the order of detention in Cril/NSA/ No.15 of 2016 against the detenu namely Yumnam Sunijl @ Babusana 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 an armed insurgent organization namely United National Liberation Front (UNLF) as a member in the year 2005. Thereupon, the detenu as well as others were imparted training at Myanmar. In April 2008 when the detenu came to Manipur from Myanmar, he along with others started indulging themselves in such activities which were prejudicial to the maintenance of public order. On account of that cases were registered as FIR No.36(5)08 WGI PS u/s 20 of UA(P) Act and also FIR No.74(10)09 LIL PS u/s 20 UA(P) Act. The detenu on being arrested in connection with both the cases and were remanded to judicial custody. However, subsequently he was released on bail. After being released on bail, he started leading normal life but as the ideology of the insurgent organisations operating in the State of Manipur was so ingrained in him that he could not resist himself from joining a banned organization namely Kanglei Yawol Kanba Lup (KYKL) and started working for the said organization under the guidance of one Ksh. Doren Singh, an important member of the said organization. The detenu started demanding money from schools, individuals, firms, business establishment through a mobile. The detenu succeeded in extorting money from those organisations and individuals. The detenu, at the instance of self styled Capt. Even hurled bomb to terrorise the person who dared not to pay money to them. For such acts, cases were registered as FIR case No.56(3)16 NBL PS u/s 307/506/34 Penal Code and also u/s 20 of UA(P) Act as well as FIR Case No.35(5)16 WGI PS u/s 400 of the Penal Code as well as u/s 4 of the Expl. Sub-section Act. Subsequently, when the detenu was apprehended by the police incriminating articles were recovered and at his instance, an important member of the said organization, Doren Singh, was also arrested. Incriminating articles as well as the detenu and other persons arrested were handed over to Officer in-charge of Wangoi PS with a written report upon which FIR was registered as FIR Case No.37(5)16 WGI PS u/s 17/20 UA(P) Act; 25 (I-C) of Arms Act and also u/s 5 of the Expl.subst. Act. Thereupon, he was also arrested in connection with other cases and were remanded to judicial custody.

(3.) However, Mr. Khaidem Mani, learned Sr. counsel did confine his argument with respect to the point which is with regard to materials being absent for recording satisfaction by the detaining authority that there is every possibility of detenu being released on bail. In this regard, it was pointed out that it has been recorded that there has been likelihood of detenu being released on bail as one Md. Atao Rahaman @ Atabur @ Md. Ataur Rahaman, an accused in a case registered u/s 121/121-A of the Penal Code and also u/s 20/16 (a) (b) of the UA (P)Act and also u/s 25 (1-a) (1-B) of the A Act as well as u/s 4/5 of the Expl.Susb. Act has been released on bail by the court but such release of the accused on bail has nothing to do with the instant case as the petitioner has neither been made accused in a case in which Md. Atao Rahaman has been admitted to bail nor Md. Atau Rahaman has been made accused in a case in which the detenu has been booked in and thereby order of detention can be said to have been passed on ipse dixit ground and thereby order of detention is fit to be quashed in view of the decision rendered in a case of Huidrom Konungjao Vs. State of Manipur reported in (2012)7 SCC 181 wherein their lordships, after noticing similar facts, as has been stated above, had been pleased to hold that detention is based on mere ipse dixit statements made in the ground of detention which cannot be sustained in the eye of law.