KHWAIRAKPAM ONGBI JAMUNA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner, the wife of the detenue, namely, Kh. Joykumar Meitei @ Bay @ Jayantakumar @ Birjit @ Pacha, is assailing the detention order being No. Crl.9/NSA/DM -BPR/2010/416 Bishnupur dated 22.3.2010 passed by the District Magistrate, Bishnupur directing the detenue, who is now in Police custody be detained under the NSA in exercise of power conferred upon him by Sub -section (2) of Section 3 of the National Security Act, 1980 ('NSA') read with Government of Manipur, Home Department order No. 17(1)49/80(Pt -I) dated 11.2.2010; approval order of the Government of Manipur being No. 17(1)68/2010 -H dated 31.3.2010 and also confirmation order of the Government of Manipur being No. 17(1)68/2010 -H dated 8.5.2010 for fixing the period of detention for a period of twelve months from the date of detention.

(2.) HEARD Mr. A. Jagatchandra, learned Counsel appearing for the Petitioner and Mr. Th. Ibohal, learned senior GA appearing for Respondent Nos. 2, 3 and 4 as well as Mr. C. Kamal, learned CGSC appearing for Respondent No. 1.

(3.) ON perusal of the detention order, it appears that the Detaining Authority had come to the subjective satisfaction that the detenue is likely to be released on bail in the near future unless provisions under Section 3(2) of the NSA is applied. The detention order dated 22.3.2010 passed by the District Magistrate, Bishnupur was also approved by the State Government vide order No. 17(1)68/2010 -H dated 31.3.2010. Subsequently, the State Government after consideration of the opinion expressed by the Advisory Board and in exercise of power conferred under Section 12(1) of the NSA, confirmed detention of detenue by the District Magistrate under his order No. Crl.9/NSA/DM -BPE/2010/416 dated 22.3.2010 and fixed the period of detention for twelve months from the date of detention vide order of the State Government dated 8.5.2010. The only ground for assailing the detention order is that there is non -application of mind in coming to the subjective satisfaction that the detenue is likely to be released on bail in near future unless provision under Section 3(2) of the NSA is applied inasmuch as there is no cogent materials for coming to the subjective satisfaction and not even a whisper was made by the Detaining Authority in the grounds of detention that the detenue is likely to be released on bail and also that in case of other accused who were arrested in connection with the criminal case similar with the criminal case for which the present detenue was arrested, had already been released on bail.