MANKHANNIANG Vs. STATE OF MANIPUR
LAWS(MANIP)-2019-6-10
HIGH COURT OF MANIPUR
Decided on June 14,2019

Mankhanniang Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

NOBIN SINGH,J. - (1.) Heard Shri H. Kenajit, learned advocate appearing for the petitioner; Shri Th. Vashum, learned Government Advocate appearing for the State respondents and Shri S. Suresh, learned ASG appearing for the Union of India.
(2.) The order of detention dated 01-02-2019 passed by the District Magistrate, Churachandpur detaining the petitioner'shusband under the provisions of the National Security Act, 1980 is under challenge in this writ petition.
(3.) The allegations as narrated in the grounds of detention, are that the detenu, Shri T. Vumthianlal Paite @ Lalpu @ Romeo was born and brought up at Dorcas Veng, New Lamka, Churachandpur, Manipur. The detenu after completing 12th Standard in Arts, gave up further studies and joined the armed underground organization called Zomi Revolutionary Army (ZRA), now under Suspension of Operation with the Government, in the 2nd week of July, 1998 through one Mr. Jamkhanpao Paite. In view of the ethnic clash between Kuki and Paite communities in Churachandpur District sometime in June, 1997, the armed underground organization started its operation to protect the people of Paite tribe. The aim and objectives of ZRA is to form a separate homeland of the tribes such as Paite, Simte, Vaiphei, Zou tribe, etc. by amalgamating all the inhabited areas of the said tribes. In order to achieve its objectives, the members of the said organization committed series of heinous crimes like murder, dacoity, robbery, etc. 3.1 The detenu joined the training conducted at Kaihlam jungle and after having completed the training, he was transferred and posted at C-Coy of the training centre where he stayed till 2000. Thereafter, he was promoted to the rank of S/S 2nd Lt. and in the last week of January, 2000, he was directed to work as a bodyguard of Mr. Palian Paite S/S Finance Director till the first week of December, 2002. In the year 2002 itself, he was promoted to the rank of S/S Lt. and thereafter, he took over the charge of C.O of 201 Battalion of ZRA at Sinzawl, Churachandpur. He started carrying out mobile patrolling holding arms with other ZRA members in an around Sinzawl till the month of July, 2005. In the first week of August, 2005, he was directed to look after the charge of 2nd I.C of Churachandpur town. The detenu and other ZRA members started collecting information about the movement of ZDV and UNLF members in order to take stern action against them. On 29-08-2005, the detenu informed David Khamlianthang Ngaihte that some UNLF members were taking shelter in the house of ZDV member namely, Khamkhanlal Zou and directed him to arrange vehicles in order to abduct them. David Ngaihte drove the vehicle towards HQ Veng, Churachandpur and entered the house of Mr. Khamkhanlal Zou but since no UNLF member was found inside the house, Mr. Khamkhanlal Zou and his son were kidnapped in the Maruti Gypsy driven by him. On the same day at about 11:10 P.M., on his arrival at I.B. Road Junction, HQ Veng, Churachandpur, the detenu along with his associates were arrested by a team of 28th Bn. CRPF and one .32 pistol with 9 (nine) rounds were recovered from him. They were handed over to the O.C., Churachandpur Police Station with a written report and seized articles, on the strength of which a case under FIR No. 118(8) 2005 CCP-PS u/s 400/364/34 IPC, 25 (1-C) A. Act and 16/20 UA (P) A. Act, 2004 was registered and they were remanded to Police custody till 09-09-2005. 3.2 On 27-07-2017, Mr. Lalpianglian Munlo and Mr. Vumthansang Sangboi searched for Mr. Thangkhanlun Simte on the allegation that he had stolen money amounting to Rs.10 lakhs. As they were unable to find Mr. Thangkhanlun Simte, Mr. Lalpianglian Munlo approached the detenu and narrated about the theft with a request for help in recovering the money. On the basis of information received by him, the detenu sent out ZRA cadres who picked up Mr. Thangkhanlun Simte and his friend, Mr. Khuplianlan from the house of Mr. Thuamsuanthang and began intense interrogation by exerting excessive physical torture, as a result of which Mr. Thangkhanlun Simte succumbed to his injuries. On the same day, Mr. T. Pauminlian Simte, the brother of Mr. Thangkhanlun Simte lodged a written complaint to the O.C., Churachandpur Police Station stating that his brother Mr. Thangkhanlun Simte was beaten black and blue by somebody who succumbed to his injuries. On receipt of the above complaint, a case under FIR No. 48(7)2017 CCP-PS u/s 302/34 IPC was registered on the same day. Although four persons were rounded up by the police, they were released on bail. 3.3 On 18-08-2017, the PRO, Police Department released a press note declaring the detenu as "wanted"? by announcing a cash reward of Rs.1 lakh. One Mahindra Bolero registered in the name of the detenu was seized but he could not be arrested and only on 30-09-2017, the detenu was arrested by a combined team of police along with persons who were harbouring him. They were produced before the CJM, Churachandpur who remanded them to police custody upto 13-10-2017. 3.5 On 29-09-2018 S.I, Hauginlian Tonsing submitted a report to the OC, Churachandpur stating that Mr. Lianmuanthang Valte received a threatening call and during a discreet enquiry being conducted, Mr. Lalnuntluanga who was picked up, was found to have been hired by the detenu to kill Mr. Lianmuanthang Valte by paying money. On the basis of the complaint, a case under FIR No. 105(09)2018 CCP-PS u/S 506/120-B/307/34 IPC was registered. On his examination, he admitted to have committed the crime and accordingly, Mr. Lalnuntluanga was arrested and lodged at Sajiwa Jail. On 29-09-2018 the detenu was also arrested on the above charge and was remanded to judicial custody. While in custody, he was served with the order of detention on the ground that he was likely to be released on bail and that he would continue to indulge in his activities which are prejudicial to the security of the State and maintenance of public order. After the grounds of detention having been received by him, the detenu submitted a representation dated 13-02-2019 praying for cancelling /revoking the order of detention dated 01-02-2019 and one of the pleas taken by him, was that some of the documents which were furnished to him, were not in full text and accordingly, he requested the District Magistrate, Churachandpur to provide him the full text of the documents so as to enable him to submit his proper and effective representation. According to him, the District Magistrate failed to accede his request. ;


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