NINGTHOUJAM YAMBA SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Shri A. Suresh, the learned counsel appearing for the petitioner; Shri Y. Ashang, the learned Additional Government Advocate appearing for the State respondents and Shri S. Rupachandra, the learned ASG assisted by Shri K.R. Pamei, the learned counsels appearing for the Union of India.

(2.) The order of detention dated 6.2.2017, passed by the District Magistrate, Bishnupur, by which the detenu has been detained under the provisions of Section 3(2) of the National Security Act, 1980 is under challenge in this writ petition.

(3.) The grounds on which the said order of detention dated 10.02.2017 was passed, are that the detenu is a resident of Keirao Awang Leikai, P.S. Irilbung, District Imphal East, Manipur and after having passed the HSLC examination in the year 1997 in 2nd Division, the detenu had given up his studies. Thereafter, he was appointed as a Rifleman of Army Supply Corps (ASC) in the month of July, 2002 and was given Tactical training at Gaya, Bihar and after having completed the said training, he was posted at 527 ASC Bn., Udampur (J and K) from April, 2004 to Feb., 2007 and thereafter, he was posted at ASC Centre, Bangalore-07 Training Wing Bn. from Feb., 2007 till April, 2009. In the meantime i.e., in the year 2007, while he was at home on leave, he thought of earning quick and easy money through extortion from the general public and accordingly, he came into contact with some leaders of the armed underground organisation called, Kangleipak Communist Party-Military Council (hereafter referred to as the KCP-MC ) including Shri Lamyanba Khuman @ L. Mangoljao Singh and started extortion of money from the Government Offices, Private Hospitals etc. located at Imphal in the name of the KCP(MC). On 28.04.2009 at 8:15 a.m. the detenu was arrested by a police team of CDO-Imphal West from Yaiskul Krishna Oil Pump in connection with a case and was remanded to police custody till 02.05.2009. While he was in police custody, he was detained under the NSA vide order dated 02.05.2009 passed by the District Magistrate, Imphal West. However, the said detention order was subsequently revoked pursuant to an advice dated 19.06.2009 given by the Advisory Board and thereafter, on 15.07.2009 he was released on bail.