GURUMAYUM NABAKUMAR Vs. DISTRICT MAGISTRATE THOUBAL

JUDGEMENT

(1.) HEARD Mr. Rajeetchandra, learned counsel for the petitioner and Mr. S.Nepoleon learned Addl. Advocate for the respondents.

(2.) THE petitioner being the detenu, has filed this petition challenging the order of detention of the District Magistrate and the orders of approval and confirmation accorded by the Government. THE petitioner was arrested on 9.1.12 in connection with FIR No. 7(1) 2012 IGB P.S. under Section 17/19/20 UA(P) Act read with Section 5 of the Explosive Substances Act. He was produced before the concerned Magistrate and remanded to police custody till 17.1.12. During police custody, the District Magistrate issued the impugned detention order on 17.1.12. THE grounds of detention along with the relevant documents were furnished to the petitioner. THE detention order was approved by the Govt. on 24.1.12. THE petitioner filed a representation addressed to the District Magistrate, Imphal East,Manipur on 31.1.2012 and the same was rejected by him on 1.2.2012. Accordingly, the Government confirmed the detention order on 7.3.2012.

(3.) IN reply to the submission of the learned Govt. Advocate, it is submitted by Mr. Rajeetchandra, learned counsel for the petitioner, that the history sheet and the statement of the detenu recorded during interrogation on which the detaining authority relied upon, were not furnished to the detenu and as such the documents can not be the basis for passing the detention order.