THOUNAOJAM ROMEN SINGH Vs. DISTRICT MAGISTRATE IMPHAL WEST

JUDGEMENT

(1.) ON being arrested, on 6. 7. 2006, in connection with Imphal Police Station FIR No. 601 (11) 1996, under Sections 121/121a of the Indian Penal Code, 13 Unlawful Activities (Prevention) Act, 25 (1b) Arms Act and 5 of the Explosive Substances Act, while the petitioner was still in custody, an order was passed, on 17. 7. 2006, by the District Magistrate, Imphal West, Manipur, under Sub-Section (3) of Section 3 of the National Security Act, 1980 (hereinafter referred to as "the NS Act" ). Based on this order, dated 17. 7. 2006, the petitioner was placed under preventive detention and it the validity of this order, which stands impugned, in this application, made under Article 226 of the Constitution of India, by the petitioner.

(2.) WE have heard Mr. Ch. Ngongo Singh, learned counsel for the petitioner and Mr. K. Kumar, learned Central Government Counsel, appearing on behalf of the Union of India. We have also heard Md. Jalaluddin, learned Government Advocate, Manipur, for the State respondents.

(3.) BEFORE we enter into the merit of the present writ petition, certain salient features of the N. S. Act, relevant for the purpose of this writ petition, need to be borne in mind. The scheme of the N. S. Act shows that whenever an order of detention is made, under Section 3 (3) of the N. S. Act, by a District Magistrate, he shall, according to the provisions of Sub-Section (4) of Section 4, forthwith report to the State Government the fact that the order of detention has been made, the grounds on which the order of detention has been passed and such other particular as, in the opinion of the District Magistrate, have a bearing on the matter. Sub-Section (4) of Section 3 further provides that an order made shall not remain in force for a period more than 12 days after the making of the order thereof unless, in the meantime, the order has been approved by the State Government. The proviso to Sub-Section (4), however, makes it clear that when the grounds of detention are communicated to the detenu by the District Magistrate, who makes the order, after five days, but not later than 10 days from the date of detention, such period of 12 days shall stand substituted by, and be read as, 15 days. It is, therefore, clear that an order made by a District Magistrate, under Section 3 (3) of the N. S. Act, does not remain in force unless within a period of 12 days or, in exceptional cases, as indicated hereinbefore, within a period of 15 days from the date of making of the order of detention, the State Government approves the order of detention. This position of law is not in dispute before us, for, a Constitution Bench, in Kamleshkumar Ishwardas Patel Vs. Union of India, reported in (1995) 4 SCC 51, observed and held as under :