KONGRAILATPAM ROJI DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. Romendro, learned counsel appearing for the petitioner, Mr. A. Modhuchandra, learned Government Advocate appearing for the respondent Nos. - 1 and 2 as well as Mr. C. Komol, learned CGSC appearing for the respondent No. 3 respectively.

(2.) THE petitioner's husband -detune is assailing the impugned detention order dated 03.05.2011 issued by the District Magistrate, Imphal West in exercise of the powers conferred under sub section 3(2) of the National Security Act, 1980 ( for short NSA, 1980) read with Home Department's Order No. 17(1)/49/80 -H(Pt -I) dated 07.02.2011, the approval order of the Government of Manipur dated 12.5.2011 and the confirmation order of the Government of Manipur dated 18.6.2011.

(3.) IT is admitted fact of both the parties that the petitioner's husband -detune was already in custody in connection with FIR Case No. 48(4) 2011 U/s 17/20 UA (P) A Act and 25(1 -B) Act when the impugned detention order dated 3.5.2011 was issued by the detaining authority. The requirements for detaining a detune who is already in custody under the detention order are clearly mentioned in Union of India v. Paul Manickam, 2003 8 SCC 342. Two of the crucial materials for deciding the legality or otherwise of the detention order for detaining a detune who is already in custody are (i) whether the detaining authority had the knowledge that the detune was already in the custody when the detention order was issued and (ii) whether there are materials for coming to the subjective satisfaction that the detune is likely to be released on bail.