L KUNJALATA DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Kumari Laitonjarn Kunjalata Devi has filed this petition under Article 226 of the Constitution asking for a writ of habeas corpus for release from detention ordered by the District Magistrate, Imphal under section 3(2) and 3(3) of the National Security Act, 1980 (hereinafter referred to as the Act).

(2.) Detenu Kunjalata Devi was arrested by the police at 4. a.m. on 25/1/1991 from the house of Km. Kangujam Chandrasakhi Devi. A sum of Rs. 11,240/- was admittedly seized by the police from her possession. Some incriminating documents were also allegedly found in her possession. After her arrest, the police continued to detain her by registering a case being ELR. Case No. 30(1) 91 Singjamei Police Station under Section 3(4) and 4(1) Terrorist and Disruptive Activities (Prevention) Act. On 18/2/1991 the Designated Court passed an order granting bail to her for one month solely for her better treatment and care in a well equipped hospital outside the jail. It is to be noted here that the Designated Court passed the said order on the basis of the report dated 18/2/1991 made by the Medical Officer attached to Manipur Central Jail where the detenu was lodged. As it will be necessary to refer to this report to assess the capability of the petitioner to act in a manner prejudicial to the security of the State or maintenance of public order, it is reproduced here: With due respect, I the undersigned with reference to DJ/E/91 herewith submit my medical report of Miss Kunjalata Devi who is now lodged in Manipur Central Jail, Imphal. Miss, Kunjalata Devi is suffering from chronic urinary tract infection with ureteric colitis and peptic ulcer. She was referred to J.N. Hospital Porompat on 11/2/1991 and treatment given as advised by them; but she is not showing any improvement; rather she is not taking any food orally. Now she is on 1/2 fluid only, and general health is deteriorating day by day. She needs full investigation in a well equipped hospital to rule out ureteric colitis, as such facilities are not available in Jail Hospital. Thanking you, Sd/-Medical Officer, 18/2/1991 Manipur Central Jail, Imphal.

(3.) On 19/2/1991 the District Magistrate, Imphal made the impugned order of detention. As it will be necessary to refer to the terms of the order served on her, it is reproduced here: Whereas the police report has been laid before me that Kumari Laitonjam Kunjalata Devi Yang Romila Mayang Anabi 29 years d/o L. Nilamani Singh, Heirangoithong Ningthoujam Leikai, Aheibam Leirak, Imphal is acting in a manner of public order. Whereas, 1.0. Nabakishore Singh, District Magistrate, Imphal District, Manipur am satisfied that her activities are prejudicial to the security of the State and maintenance of public order under section 3(2) of the National Security Act, 1980. And whereas, it is considered necessary to detain Kumari Laitonjam Kunjalata Devi Yang Romila Mayang Anabi d/o L. Nilamani Singh of Heirangoithong Ningthoujam Leikai, Imphal with a view to prevent her from acting in any manner prejudicial to the security of the State and maintenance of public order. Now, therefore, 1.0. Nabakishore Singh, District Magistrate, Imphal in exercise of the Powers conferred upon me by sub-section 3 of section 3 read with section 3(2) of the National Security Act, 1980, read with Govt. of Manipur Home Department Notification No. 17(1) 49180-H dated 28th December, 1990 make this order directing that the above said person be detained until further orders. Given under my hand and seal of Court this 19th day of February, 1991. Sd/ (0 Nabakishore Singh) District Magistrate, Imphal District, Manipur.