HEISNAM SEEMA DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This Habeas Corpus petition has been filed challenging the detention order dated 30.04.2018. The detention order is based on the police report placed before the District Magistrate, Imphal East and in it is alleged that the detenue is acting in the manner prejudicial to security of State and maintenance to public order. While passing the order of detention under Section 3(2) of the National Security Act, 1980, reliance is placed on the grounds of detention dated 3rd May, 2018. The detaining authority on the basis of the report was aware that the detenue who was already arrested for the offences in relation to FIR No. 43(03)18 HNG PS U/s 20 UA (P)A. Act, 25(I-C) A. Act, 5 Expl. Subs. Act and 21 (a)(b) ND and PS Act. The detenue was handed over to the officer-in-charge of the police station and was taken to judicial custody and lodged in the Manipur Central Jail, Sajiwa. The detaining authority, however, was of the view that the conduct of the detenue over a period of time was acting in a manner prejudicial to the security of the State and maintenance of public order and therefore, thought it fit to invoke Section 3(2) of the National Security Act, 1980. The detaining authority in the detention order observed as follows :

(2.) The detention order dated 04.05.2018 and the grounds of detention running to four pages was served with annexures of documents on the detenue. The list of documents supplied are referred to in para 11 of the grounds of detention which reads as follows :

(3.) The detaining authority while referring to the educational qualification of the detenue observed that detenue is a member of Students Federation and also involved with various underground groups. The detaining authority observed that from as early as 2012 he was involved in various activities which are opposed to security of the State and also involved in offences against individuals. Specific reference has been made to incident on 19th June, 2014 in para 4 of the grounds of detention which reads as follows :