SMTI ANGOM (NINGOL)CHANTHOI DEVI AGED ABOUT 51 YEARS, W/O SHRI NINGTHOUJAM TAMAR SINGH OF LEIMARAM MAKHA LEIKAI, PO AND PS NAMBOL, DISTRICT BISHNUPUR, MANIPUR Vs. THE STATE OF MANIPUR REPRESENTED BY CHIEF SECRETARY GOVT. OF MANIPUR,

JUDGEMENT

(1.) WE have heard Mr PH Sanajaoba, the learned counsel for the petitioner. We have also heard Mr RS Reisang, the learned senior GA, appearing for the State respondents and Mr Amarjit Naorem, the learned CGSC, appearing for the Union of India.

(2.) IN this writ petition, the petitioner is questioning the legality of the order dated 15.07.2011 passed by the District Magistrate, Imphal West detaining her son, namely, N Romenkumar Singh under Section 3(2) of National Security Act, 1980 (the Act for short) purportedly for preventing him from acting in any manner prejudicial to the maintenance of public order. The detenu was arrested on 6.7.2011 by a team of Commando, Imphal West and detained in their complex. He was handed over to the Officer -in -Charge, Lamphel Police Station on 08.07.2011 whereafter a police case being FIR No. 110(7)2011 SJM LPS under Section 17/20 UA (P) Act & 25(1 -C) & (1 -B) Arms Act was registered against him. On 9 -7 -2011, he was produced before the learned Chief Judicial Magistrate, Imphal West, who remanded him to police custody till 16.07.2011. On 16.07.2011, when he was remanded to judicial custody, he was served with the impugned detention order issued by the respondent No. 2. On 19.07.2011, he was served with the grounds of detention prepared by the respondent No. 2, which bears dated 19.07.2011. The impugned detention order was approved by the respondent No. 1 on 25.07.2011. On 26 -07 -2011, he submitted a representation to the respondent No. 2 for revoking the detention order. On 27.08.2011, the detenu was served with the letter dated 27.07.2011 issued by the respondent No. 2 informing him that his representation dated 26.07.2011 had been rejected. On 3 -8 -2011, he submitted his representation to the respondent No. 1, which was also rejected on 06.08.2011. The detenu then submitted another representation on 03.08.2011 this time addressed to the Chairman Advisory Board, National Security Act. On 06.08.2011, he was served with the letter dated 06.08.2011 informing him that his representation had been rejected being devoid of merit. The respondent No. 1 on the recommendation of the Advisory Board confirmed the impugned detention order on 02.09.2011. Aggrieved by this, this writ petition has been filed by the petitioner for the release of her son.

(3.) THAT , in view of the tendencies and inclinations in the offences committed by you in the proximate past by being a member of the banned organization Kangleipak Coimmunist Party (KCP in short0 Taibangnganba faction, which aims at establishing a sovereign independent State of Manipur by waging war against the lawfully established Government of India and Manipur holding fire arms, and carrying out prejudicial activities such as extortion of money, and transporting arms and ammunition of KCP (Taibangnganba faction), disturbing public order affecting public tranquility, I am satisfied that after having availed of bail facilities and becoming a free person, you being a member of the said organization would continue to indulge in the same activities which are prejudicial to the security of the State and maintenance of public order. Hence, the application of normal criminal law against you will not at all be effective to prevent you from the commission of further prejudicial activities. An alternative preventive measure is, therefore, immediately called for.