KHUNDRAKPAM NIMAI SINGH ALIAS YAIKHOMBA ALIAS RAMESHWAR ALIAS M C INDRAJIT Vs. DISTRICT MAGISTRATE UKHARUL

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India for enforcing the petitioner's fundamental rights guaranteed under Art. 21 and 22 of the Constitution and praying for releasing him by setting aside the relevant detention order passed against him under the National Security Act, 1980.

(2.) We have heard Mr. H. S. Paonam, learned counsel appearing on behalf of the petitioner, Mr. Ibohal, learned Addl. G. A. appearing on behalf of the Government respondent and Mr. N. Ibotombi, CGSC appearing on behalf of the respondent No.3. We have also perused the materials before the Court.

(3.) On the basis of the materials before the Court and after hearing the submission of the parties through their respective counsel, the following facts are ascertained. While the petitioner was in police custody in connection with investigation of the FIR case No. 105(11)04 MRG P. S., an order, being No. CRIL/NSA/No. 1/2005 dated 4-5-2005, directing for his detention u/S. 3(2) of the N. S. A., 1980, purportedly with the view to prevent him from acting in any manner prejudicial to the security of the State and maintenance of public order, was issued by the District Magistrate, Ukhrul District. The detention order was communicated to the petitioner on 6-5-2005 at 10.45 a.m. The grounds of detention was furnished to him on 13-5-2005 at 3.35 p.m. On 13-5-2005 the Govt. approved the said detention order and on 17-6-2005, the Government, purportedly in consonance with the opinion expressed by the Advisory Board and in exercise of the powers conferred u/S. 12 (1) of the N.S.A., confirmed the said detention order and fixed the period of detention of 12 months from the date of detention.