SAGOLSHEM ONGBI PINKY DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. T. Rajendra, learned counsel appearing for the petitioner. Also heard Mr. R. S. Reisang, learned Government Advocate appearing on behalf of the State-respondents and Mr. C. Kamal, learned Assistant Solicitor General appearing on behalf of the Union of India.

(2.) THE relevant facts which are necessary for disposal of this case may be noticed as hereunder :

(3.) ONE of the grounds submitted by the learned counsel for the petitioner challenging the detention order is that at the time of issuing the detention order dated 20.11.2009 there was no cogent materials on the basis of which the detaining authority could have formed a subjective satisfaction about the likelihood of the detenu being released on bail in the near future as no bail application for release of the detenu was then pending before any Court. The learned counsel further submits that the subjective satisfaction formed by the detaining authority was merely a Ipsi dixit and that it was not on the basis of materials before him and as such, the detention is vitiated.