LAISHRAM (ONGBI) HEMABATI Vs. STATE OF MANIPUR AND ORS.
LAWS(MANIP)-2021-2-1
HIGH COURT OF MANIPUR
Decided on February 09,2021

Laishram (Ongbi) Hemabati Appellant
VERSUS
State of Manipur and Ors. Respondents

JUDGEMENT

KH.NOBIN SINGH,J. - (1.) Heard Shri N. Mahendra, learned Advocate appearing for the petitioner and Shri Th. Vashum, learned Government Advocate appearing for the State respondents.
(2.) The validity and correctness of the order dated 03-09-2020 passed by the District Magistrate, Imphal-East District under Section 3(2) of the National Security Act, 1980 is under challenge in this writ petition which has been filed by the petitioner who is the wife of Shri Laishram Mangoljao @ Lamyanba Khuman @ Hirachandra @ Pibarel @ Jagadish Koirela @ L.K. @ Shamu, the detenu herein.
(3.) *** 3.1 The allegations as narrated in the grounds of detention are, in short, that the detenu joined the banned and outlawed organization called Kangleipak Communist Party-Leibakmacha faction as an over-ground member in the early part of 2000 through Shri Yumnam Nilachandra Singh and worked under his command as a courier. On 28-07-2000, he was arrested from Uripok Thokchom Leikai by a police team in connection with a case under FIR No. 263(7)2000 Imphal PS u/s 10/13 UA(P) Act but was released on bail. After the detenu having been released from the jail, he resumed his work. On 21-01-2001, the detenu was again arrested by a team of CDO-Imphal West from his residence in connection with a case under FIR No. 5(1)2001 Patsoi PS u/s 10/13 UA (P) Act but was released on bail by the Court. After his being released on bail, he resumed the work under the command of Shri Laishram Tomba Singh as a courier and started supplying arms and ammunitions. Over and above, he carried out prejudicial activities like extortion of money from the general public, Government offices, etc. till sometime in the first week of July, 2007 when he went to Shillong and attended the election of the new office bearers of the organization. He was elected as the Chairman and thereafter, he along with his family members, took asylum at different places like Shillong, Guwahati, Delhi, etc. in order to evade arrest by the security forces. On 23-07-2007, he was arrested from a place near Azadpur Fruit Mandi, New Delhi by the Delhi Police and was brought back to Manipur on 01-08-2007 by a team of Manipur Police. Although he was remanded into judicial custody, on 09-08-2017 he was released on bail by the Court. 3.2 After he being released from the jail, he could not stay a longer with the family members. He resumed his work and took shelter at different places including Tamenglong, Ukhrul and Lakhipur (Assam). On 04-05-2008, the detenu formed a new faction of KCP called Kangleipak Communist Party (Military Council-Lamyanba Khuman) under his Chairmanship. Thereafter, he took shelter at different places outside the State of Manipur like Tamil Nadu, Nepal, etc. and directed his subordinates to carry out extortion from the general public, Government offices, schools, etc. for which his cadres carried out about 10 (ten) crimes detailed in the grounds of detention. In connection with the said cases, many of his colleagues and close associates as mentioned in the grounds of detention were arrested. The detenu while he was at Litang Kalipokhri, Nepal, contacted the General Secretary of KCP (PWG) and joined his organization, for which he was assigned the post of the Chairman. 3.3 The avowed aim and object of the organization is to secede the State of Manipur from the Union of India and to create an independent, sovereign, socialist State of Manipur for which the organization started procuring arms and ammunition from various countries. In the pursuit of their objectives, the members of the organization committed series of heinous crimes such as murder, dacoit, robbery, extortion, kidnapping for ransom etc. from different parts of Manipur. The ring leaders sought foreign assistance and established links with countries like Bangladesh, Mayanmar, etc. In consideration of the large scale prejudicial activities indulged by the organization, it was declared as an unlawful Association by the Government of India. 3.4 After taking the post of the Chairman, KCP (PWG), he directed his colleagues to carry out prejudicial activities like extortion of money from the general public by threatening/ warning the students to shift from missionary schools to non-missionary schools etc. and some of his cadres were arrested. Over and above, he recruited new members in the year, 2018 and in the first part of the year, 2019, he started acquiring arms and ammunitions from various sources and carried out activities through his subordinates by taking asylum at different places of India. 3.5 In the meantime, the Superintendent of Police, Imphal West District released a Press Note dated 15-02-2020 regarding a cash reward of Rs.1,00,000/- (Rupees one lakh) for any individual who provides information leading to his arrest. On 22-01-2020, Shri N. Suraj Singh, MPS, SDPO-Porompat obtained the arrest warrant from the Hon'ble CJM, Imphal East District in respect of his arrest and accordingly, he was arrested on 02-03-2020 by the Delhi police in connection with a case under FIR No. 47(7)2019 Irilbung PS u/s 17/20 UA(P) Act and 25(1-C) A. Act and was brought back to Manipur on 04-03-2020 with the transit remand/order passed by the Chief Metropolitan Magistrate, Patiala House Court, Delhi. On 05-03-2020, he was produced before the Court and remanded to police custody till 17-03-2020 on which he was produced before the Court again for judicial remand but he was formally arrested in connection with a large number of cases as detailed in the grounds of detention on the basis of various documents as mentioned in the grounds of detention. 3.6 The detenu was detained by the impugned order issued by the District Magistrate, Imphal East on the ground that he was likely to be released on bail in the near future or otherwise by the competent Court at the end of the period of judicial custody because there had been instances of similar release by the competent Courts in such cases. In view of his prejudicial activities in the immediate past, it was very likely that the detenu would continue to act in the manner prejudicial to the maintenance of public order as in the proximate past. As is evident from the facts mentioned above, normal criminal laws would not be sufficient to prevent the detenu from the commission of prejudicial activities and accordingly, he was detained under Section 3(2) of the National Security Act, 1980. With the furnishing of the grounds of detention, the detenu was informed that he had right to make representation to the Government of Manipur as well as the Central Government against the order passed by the District Magistrate, Imphal East, Manipur. ;


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