SHRI PHANJOUBAM INDRAMANI MEITEI, S/O SHRI PH. BIRA MEITEI OF ANDRO MAMANG LEIKAI, P.S. YAIRIPOK, DISTRICT Vs. THE STATE OF MANIPUR AND OTHERS

JUDGEMENT

(1.) (CAV) - The detention order dated 21.09.2010 issued by the respondent no.1 in No. Cril./NSA/No.95 of 2010 detaining one, Shri Phanjoubam Abung Meitei @ Nabachandra @ Romesh @ Pungyeiba @ Sanajaoba @ Pabung Sanajaoba of Andro Mamang Leikai, until further orders under the National Security Act, 1980 (for short "NSA"), its approval order dated 01.10.2010 and confirmation order dated 05.11.2010 issued by the respondent no.1 are under challenge in this Habeas Corpus petition filed by the younger brother of the detenu.

(2.) Heard Mr. Ph. Dolen, learned counsel appearing for the petitioner and also Mr. R.S. Reisang, learned GA appearing for the respondents nos.1 & 2 and Mr. Amarjit Naorem, learned CGSC appearing for the respondent no.3.

(3.) The sequence of factual events, in brief, leading to filing of the present Habeas Corpus petition are that the detenu was once detained under the NSA vide detention order dated 25.09.2007 but the detention order was interfered with by this Court vide order dated 23.07.2008 passed in W.P.(Cril.) No.11 of 2008. Thereafter, on 14.09.2010 at about 10.30 A.M. the detenu was arrested by a team of CDO/IW from Khwai Brahmapur Nagamapal Laimayum Leirak and handed over to the OC, Imphal P.S with a report where a regular FIR Case No.386(9)2010 IPS U/S 20 UA(P)A Act was registered against him. The detenu was remanded to Police custody till 21.09.2010 and then to judicial custody. On 22.09.2010 the detention order dated 21.09.2010 was served on him in the jail. On 25.09.2010 a copy of the grounds of detention dated 24.09.2010 together with the documents were furnished to the detenu inside the Central Jail, Sajiwa. The detention order was approved by the respondent no.1 vide order dated 01.10.2010 and subsequently confirmed the detention of the detenu for the fixed period of 12 months from the date of detention vide order dated 05.11.2010. On 04.10.2010 the detenu submitted a representation to revoke/cancel the detention order dated 21.09.2010 to the respondent no.2, the detaining authority, who rejected the same and informed to the detenu vide letter dated 06.10.2010. On 14.10.2010, the detenu submitted two separate representations to the respondent no.1, State Government and the respondent no.3, Union of India respectively for cancellation of the detention order dated 21.09.2010. The respondent no.1 rejected the said representation and informed the detenu vide letter dated 19.10.2010. Similarly, the respondent no.3 rejected the detenus representation on 30.10.2010. Hence, the present Habeas Corpus petition.