THOKCHUM GOSAI SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) By our short order passed on 23-1-84 we quashed the order of detention as void and ordered the release of the detenu forthwith stating that reasons would follow. We now set out reasons herein below :

(2.) This is an application under Art.226 of the Constitution challenging the order of detention dated 6th December, 1983 passed by the District Magistrate, (Imphal) Manipur under S.3(3) read with S.3(2) of the National Security Act, 1980. The District Magistrate (Imphal) Manipur passed the impugned order as he was satisfied that it was necessary to detain Mr. Thokchom Thoibam Singh alias Thoi alias Brojen Singh with a view to preventing him from acting in any manner prejudicial to the security of the State and maintenance of public order. The detenu was already under confinement in the Manipur Central Jail, Imphal, being arrested in connection with FIR No.345(6)/83 IPS under Ss.121, 121A, IPC ; S.25(1)(a) of Arms Act and 13 UA(P) Act. He was served on 8-12-83 with the detention order along with the grounds of detention. The detenu made a representation to the Government of Manipur on 11-12-83. Meanwhile, the present petition for a writ of Habeas Corpus was filed on 21-12-83 on behalf of the detenu by his father Thokchom Gosai Singh challenging the validity of the order of detention. Rule nisi was issued on 22-12-83. It appears that his representation was also rejected by the Government on 22-12-83. While the writ petition was pending there was a sitting of the Advisory Board constituted under S.9 of the Act and the Advisory Board on reference to it of the case of the petitioner made its report on 10-1-84 that in its opinion there was good and sufficient cause for his detention. The State Government approved the detention order and acting on the report of the Advisory Board passed order for detention for a period of 12 months from the date of detention.

(3.) The respondents herein, the State of Manipur, the District Magistrate, Imphal, Government of Manipur and the Superintendent, Central Jail, Imphal filed return showing justification of the detention order. The affidavit-in-opposition was sworn on behalf of the respondents by Shri S. Sarat Singh, District Magistrate (Imphal), Manipur who passed the impugned order of detention. The grounds of detention are reproduced below :