KHWAIRAKPAM Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Ph. Sanajaoba, learned counsel appearing for the petitioner, Mr. Y. Ashang, learned G.A. appearing for j the respondent Nos. 1 and 2 as well as Mr. i Amarjit Naorem, learned CGSC appearing i for the respondent No. 3.

(2.) The only concise fact sufficient for de-ciding the matter in issue in the present writ petition is noted. At the very outset, it may be worth to mention that the present detention order is the second detention order and the first detention order was set aside by this Court vide judgment and order dated 12.5.2011 passed in W.P (Cri) No.132/2010 (Annexure-N/1 colly to the present petition).

(3.) On 5.11.2011 at about 10.00 a.m. the detenu, i.e. husband of the petitioner, Shri Khwairakpam Dharmendra Singh, was again arrested from his house by some police personnel. Again he was implicated in a criminal case, i.e. FIR No.ll4(ll)2011 BPR P.S. u/S. 17 and 20, UA(P) Act on the allegation that the detenu still has nexus with the so-called organization (proscribed organization), i.e. Kangleipak Communist Party (KYKL for short) and works under one Taibangnganba of KCP (MC) as District Finance Secretary and on the next day the detenu was produced before the Chief Judicial Magistrate, Bishnupur who remanded the detenu to the police custody till 15.11.2011. On 15.11.2011 when the detenu was produced before the Court, he was served with the impugned detention order dated 15.11.2011 issued by the District Magistrate, Bishnupur. For receiving the impugned detention order dated 15.11.2011 the detenu put his signature mentioning the date for acknowledging the impugned detention order dated 15.11.2011 on the official copy of the impugned detention order dated 15.11.2011 maintained by the detaining authority, i.e. District Magistrate, Bishnupur.