OINAM DAVID SINGH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) In both these applications, common questions of law and facts are involved and as such they are taken up for disposal together.

(2.) In C.R. (H.C.) No. 29/95, the application has been filed by one Sri Oinam David Singh challenging the legality and validity of the order dated 3.2.95 in Criminal N.S.A. No. 4/95 issued by the District Magistrate Imphal. This order was passed under Section 3 sub Section 2 and 3 of the National Security Act. The order of detention was approved by the State Government under Section 3 (4) of the Act Thereafter, the order was approved by the Advisory Board on 4th March/95 and the same was accepted by the Government on 8th March\95. The order of detention and the grounds of detention are Annexure A/2 and A/3 respectively. They are quoted below: Annexure : A/2 In the Court of the District Magistrate; Imphal District, Manipur. CRIL. N.S.A. No. 4 of 1995 Imphal, the 3rd February, 1995. Whereas, the police report has been laid before me that Shri Oinam Davit Singh (22 years) S/o O. Manao Singh of Sagolband Thingom Leikai, Imphal District, Manipur, is acting in a manner prejudicial to the security of the State and maintenance of public order. Whereas, I, R.K. Angousana Singh, District Magistrate, Imphal District, Manipur, am satisfied that his activities are prejudicial to the security of the State and maintenance of public order under Section 3 (2) of the National Security Act, 1980, And whereas, it is considered necessary to detain the said Shri Oinam David Singh (22 years) S/o O. Manao Singh of Sagolband Thingom Leikai, Imphal District, Manipur with a view to prevent him from acting in any manner prejudicial to the security of the State and maintenance of the public order; Now, therefore, I, R.K. Angousana Singh, District Magistrate, Imphal District, Manipur, in exercise of the powers conferred upon me by Sub-Section 8 of Section 3, read with Section 3 (2) of the National Security Act, 1980, read with the Government of Manipur, Home Department Notification No. 17 (l)/49/80-H (Part), dated the 30th December, 1994, make this order directing that the above said person be detained until further orders. Given under my hand and seal of the Court this 3rd day of February, 1995. Annexure A/3 : Government of Manipur Office of the District Magistrate : Imphal District Manipur. No. Cril/NSA/4/95 : Imphal, the 7th February, 1995 To Shri Oinam David Singh (22 yrs), S/o 0. Manao Singh, Sagolband Thingom Leikai, Imphal District, Manipur. Subject :- Grounds of detention under Section 3 (2) of the National Security Act, 1980. In pursuance of Section 8 of the National Security Act, 1980, you Oinam David Singh, are hereby informed that grounds of your detention are as follows :-

(3.) That on 25th December, 1993 at about 1.00 P.M. you had contacted Ch. Dayananda Singh and conspired with him to assassinate one alleged rapist at Kwakeithal Heinoukhongnembi. Then the following ammunitions were handed to Ch. Dayananda by you for safe keeping. i) 3 (three) rounds of '38 Spl. ammunition ii) 2 (two) rounds of '38 ammunition, iii) 1 (one) rounds of '45 ammunition.