KHUMBONGMAYUM ONGBI ICHAN Vs. STATE OF MANIPUR

JUDGEMENT

(1.) WE have heard Mr H Komol, 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.) THIS writ petition is directed against the order dated 07.04.2011 issued by the respondent No. 2 detaining the detenu, namely, Khumbongmayum Ibomcha @ Lamphel Singh, under Section 3 of National Security Act, 1980 (the Act for short) for preventing him from acting in any manner prejudicial to the maintenance of public order. The petitioner is the wife of the detenu. The detenu was earlier arrested in connection with the following cases : FIR No. 47(5) 1994 LLI PS, U/s 121 -A IPC, 13 UA(P) Act, FIR No. 64(7)1995 YPK PS U/s 121 -A/307IPC, 25(1 -B) Arms Act and 13 UA(P) Act, FIR No. 9(3)1999 Moreh PS U/s 121 -A IPC, 10/13 UA(P) Act and FIR No. 29(3)1999 LLI PS U/s 121 -A IPC 10/13 UA(P) Act and 25(1 -B) Arms Act. After about 10 years, he was again arrested on 2 -3 -2011 in connection with Paltan P.S. Case No. 142 of 2011 U/s 120 -B/121 -A read with 16/13/17/20 UA(P) Act and was formally arrested in connection with FIR No. 60(4)2011 LLI PS U/s 20 UA(P) Act and FIR No. 105(9) 2010 LLI PS U/s 20 UA(P) Act, 25(1 -B) Arms Act and lastly FIR No. 26(2)2006 IPS U/s 307/326/34 IPC and 25(1 -B) Arms Act and 20 UA(P) Act. He was subsequently remanded to judicial custody on 5 -4 - 2011. After about ten years also, he was again arrested on 02.03.2011 in connection with FIR No. 142/2011 under Section 120 (B)/121 -121 -A read with 16(13), 17/18/20 UA(P) Arms Act under Paltan Bazar Police Station. He was formally arrested in connection with FIR No. 60(4) 2011 Lamlai PS under Section 20 UA(P) Arms Act and FIR No. 105(9) 2010 Lamlai PS under Section 20 UA(P) Arms Act and lastly FIR No. 26(2)2006 IPC under Section 307/326/34 IPC and 25(1 -B) Arms Act. He was subsequently remanded to judicial custody on 05.04.2011.

(3.) WHILE he was in judicial custody, the impugned detention order was issued on 7 -4 -2011. The grounds of detention order were furnished to the detenu on 11.04.2011. The respondent No. 1 approved the detention order on 18.04.2011. The detention order was subsequently confirmed by the respondent No. 1 on the recommendation of the Advisory Board on 21.05.2011. In the meantime, the detenu had submitted two separate representations addressed to the respondents No. 1 and 3. The respondent No. 1 rejected the representation on 29.04.2011, while the respondent No. 3 rejected the same representation on 16.05.2011. Aggrieved by this, the petitioner is now filing this writ petition for the release of her husband.