HATKHONENG Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the mother of the detenue seeking a writ in the nature of Habeas Corpus by way of quashing the order dated 25.3.2011,issued by the District Magistrate, Imphal West, whereby the said authority has detained the petitioner's son, David Letkholal Lalneo Touthang @Lalboy @Daniel @ Mamang @ Lalneo under the National Security Act,1980. The petitioner has also challenged the order dated 5.4.2011 issued by the Govt. of Manipur approving the preventive detention of the petitioner's son.

(2.) HEARD Mr. S.T. Kom, learned counsel for the writ petitioner and Mr. R.S. Reisang, learned Govt. Advocate appearing for the respondents.

(3.) PER contra, learned Govt. Advocate submitted that the High Court's power to examine the subjective satisfaction of the detaining authority is very limited. The learned counsel also submitted that the detaining authority's satisfaction about prospective release of the accused by the court on bail and his likelihood of engaging again in unlawful activities can be inferred from the grounds of detention. With regard to the High Court's limited power to re-asses the subjective satisfaction of the detaining authority, the learned Govt. Advocate relied upon the judgments of the Hon'ble Supreme Court rendered in the case of Kamrunnissa Vs. Union of India and another; reported in AIR 1991 SC 1640; Union of India Vs. Paul Manickam & Anr.; reported in AIR 2003 SC 4622 and Senthamilselvi Vs. State of T.N.& Anr.; reported in (2006) 5 SC 676.