THOUDAM SHYAM SINGH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard Mr. A. Bimol, learned counsel appearing for the petitioner. Also heard Mr. Th. Ibohol Singh, learned Senior Govt. Advocate appearing for the respondent Nos. 1 and 2 as well as Mr. C. Kamal, learned C. G. S. C. appearing for the respondent No. 3.

(2.) The petitioner-Shri Thoudam Shyam Singh is presently detained in the Manipur Central Jail, Sajiwa, Imphal West under the impugned detention order dated 02.06.2009, approval order of the State Government dated 11.06.2009 and confirmation order of the State Government dated 15.07.2009 for a period of 12 months from the date of detention.

(3.) Sheet anchor of the petitioner-detenu's case, is briefly recapitulated. The petitioner-detenu was arrested on 26.05.2009 by a team of Manipur Police in connection with the murder case of Professor Md. Islamuddin and remanded to the police custody till 02.06.2009 and later on to the judicial custody till 16.06.2009 by the learned Chief Judicial Magistrate, Imphal. While the petitioner-detenu was in the custody in connection with the said criminal case, the learned District Magistrate, Imphal West passed an order being No. Cril/NSA/No. 41 of 2009, dated 02.06.2009 in exercise of the powers conferred under sub-section (3) of Section 3 of the National Security Act, 1980 (for short 'NSA') read with Home Department's Order No. 17(1)/49/80-H(Pt-I) dated 12.05.2009, directing the petitioner-detenu to be detained under Section 3 (2) of the NSA until further order. Thereafter, in pursuance of Section 8 of the NSA, the learned District Magistrate, Imphal West, under his letter being No. Cril/NSA/No. 41 of 2009, dated 05.06.2009 has furnished the grounds of detention; in para No. 6 of the said letter dated 05.06.2009, it is clearly mentioned that the petitioner-detenu has the right to make representation against the order of detention passed against him to the Government of Manipur as well as to the Central Government and also to the detaining authority, within 12 days from the date of detention or till the order is approved by the State Government whichever is earlier.