LAWS(GAU)-2008-5-17

LOUREMBAM SANA SINGH Vs. STATE OF MANIPUR

Decided On May 15, 2008
LOUREMBAM SANA SINGH Appellant
V/S
STATE OF MANIPUR Respondents

JUDGEMENT

(1.) THE doctrine of preventive power of the Administrative/executive authority, constitutionally validate preventive processes for the maintenance of public order, security of the State, national security, defence of India and relations of india with the foreign power. Even so, deprivation of personal freedom, must be founded on the most serious considerations relevant to the welfare objective of the society, specified in the Constitution.

(2.) JUSTICE S. Ratnavel Pandian in Kartar singh v. State of Punjab (C/b), reported in (1994) 3 SCC 569 : (1994 Cri LJ 3139) observed that :

(3.) THE challenge in the present writ petition is to the detention order being No. Cril/nsa/no. 49 of 2007 dated 11-9-2007 passed by the District Magistrate, Imphal West in exercise of the powers conferred under Subsection (3)of Section 3 of the National Security Act, 1980 read with Home department's Order No. 17 (1)/49/80-H (Pt-I)dated 1 -9-2007 directing Shri Lourembam sana Singh alias Nilachandra, s/o Shri L. Jugeshwar Singh who is now in judicial custody be detained under Section 3 (2) of the national Security Act until further order, order of the Government of Manipur dated 22-9-2007 approving the detention order dated 11-9-2007 and also the order of the government of Manipur dated 25-9-2007 confirming the detention order dated 11 -9-2007.