LAWS(GAU)-2011-2-65

ISLAMMUDIN KHAN Vs. DISTRICT MAGISTRATE IMPHAL

Decided On February 18, 2011
ISLAMMUDIN KHAN Appellant
V/S
DISTRICT MAGISTRATE, IMPHAL Respondents

JUDGEMENT

(1.) Petitioner-detenue, Mohammed Islammudin Khan @ M.I. Khan, is assailing (i) detention order being No. Crl/NSA/29 of 2010 dated 22.6.2010 passed by the District Magistrate, Imphal East District. Manipur in exercise of the power conferred upon him by Sub-section (3) of Section 3 of the National Security Act, 1980 ('NSA') read with Home Department's order No. 17(1)/49/80-H(Pt-D dated 11.5.2010 directing the Petitioner-detenue, who is now in judicial custody, to be detained under Section 3(2) of the NSA, 1980 until further orders; (ii) the order of the Government of Manipur being No. 17(1)133/2010-H dated 1st July, 2010 for approving the detention order passed by the District Magistrate, Imphal East District, Manipur dated 22.6.2010 and also (iii) the confirmation order of the Government of Manipur dated 4.8.2010 thereby fixing the period of detention for 12 months from the date of detention.

(2.) Heard Mr. Ch. Ngongo, learned Counsel appearing for the Petitioner-detenue, Mr. R.S. Reisang, learned G.A. appearing for the Respondents 1 to 3 as well as Mr. C. Komal, learned CGSC appearing for the Respondent No. 4-Union of India.

(3.) The Petitioner-detenue was arrested by a team of Imphal East Police and Karnataka Police from Azam Nagar, Belgaun District, Karnataka and brought back to Imphal on 23.5.2010 in connection with his involvement in FIR No. 57(6)2009 IBG PS under Section 307/400/34, IPC and 25(1C)A. Act and the concerned Magistrate remanded the Petitioner-detenue to the police custody till 8.6.2010. While the Petitioner-detenue was in judicial custody in connection with the above FIR, the Respondent No. 1, District Magistrate, Imphal East District, issued the impugned detention order dated 22.6.2010.