HEIGRUJAM (N) BEMBEM DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Mr. Ph. Dolen, learned counsel for the petitioner as well as Mr. N. Amarjit, learned CGC. I have also heard Mr. R.S. Reisang, learned State Counsel.

(2.) BY means of this writ petition, the petitioner, who is the wife of the detenu Mr. Marim Sanglien Chothe, has challenged the order of detention dated 3.4.2012 (Annexure -N/1), issued by the District Magistrate, Churachandpur and all consequential orders of confirmation etc. According to the petitioner, the order dated 3.4.2012 and the grounds of detention conveyed by letter dated 5.4.2012 are not sustainable in law as there was no material before the detaining authority towards passing the said orders. It is the case of the petitioners that there was absolutely no material towards formation of the subjective satisfaction as required in passing an order of detention under Section 3 of the NSA. Another ground urged is that the representation made by the detenu having not been disposed of by the respondent No.1 i.e. the Government of Manipur, on that ground alone, the impugned order of detention is liable to be interfered with. In this connection, the learned counsel for the petitioner has referred to the statement made in paragraph 17 of the writ petition, which is quoted below : -

(3.) THE State Government has not filed any counter affidavit.