JUDGEMENT
T. NANDAKUMAR SINGH, J. -
(1.)HEARD Mr. S. Rajeetchandra, learned counsel appearing for the petitioner and also Mr. Th. Ibohal, learned Sr. G. A. appearing for the respondents-1, 2 and 3 as well as Mr. C. Komal, learned CGSC appearing for the respondent No. 4, Union of India.
(2.)BY this writ petition, the petitioner-detenue is assailing the impugned detention order, approval order of the State Government only on the sole ground that because of the failure on the part of the appropriate Government to furnish all the copies of the documents which form the basis of the grounds of detention to the petitioner-detenue, her rights under Art. 22 (5) of the Constitution of India has been infringed, as a result the continued detention of the petitioner-detenue is illegal.
Factual BACKGROUND : On 30.01.2010 at about 9.30 pm the petitioner-detenue was picked up from Hatta Golapati where she usually stayed on a rent in connection with her business. It is stated that on registration of a regular FIR, i.e. FIR Case No. 24(1)2010 PRT PS under Section 420/372/34 IPC by the Officer in-charge of Porompat P.S., the petitioner detenue along with others were arrested on charges of trafficking children outside the State for engagement as domestic helpers. On the next day, i.e. 31.1.2010 she was produced before the Duty Magistrate, who remanded her (petitioner detenue) till 16.2.10 on the prayer of the I.O. of the said FIR. It is stated that while the petitioner-detenue was in judicial custody in connection with the said FIR, on suo moto another FIR being No. 326(10) 2009 PRT PS under Section 307/427/34 IPC and 3 Expl. Subs. Act was registered and on the prayer of the I.O. concerned, she (petitioner-detenue) was allowed to be arrested formally vide order dated 11.2.10 of the learned Magistrate in connection with the newly registered FIR case, i.e. FIR No. 326(10)2009 PRT PS ; and for the said two FIR cases the petitioner-detenue was remanded into police custody till 11.2.10, thereafter, she was remanded into judicial custody.
While the petitioner-detenue was in custody, on 19.2.10 the petitioner-detenue was served with a copy of the impugned detention order dated 19.2.10 passed by the District Magistrate, Imphal East District directing the petitioner-detenue to be detained under Section 3(2) of the National Security Act, 1980 ('NSA' for short).
(3.)UNDER letter being No. Cril./NSA/ No. 15 of 2010 Porompat dated the 23.2.10 the District Magistrate (detaining authority) in accordance with the provisions of Section 8 of the NSA, furnished the grounds of detention along with copies of the documents which form the basis of the grounds of detention to the petitioner-detenue. The documents which form the basis of the grounds of detention of the petitioner-detenue are mentioned in para 6 of the said letter of the detaining authority (District Magistrate) dated 23.2.2010. Para 6 of the said letter of the detaining authority dated 23.2.10 read as follows:
"6. Copies of the following documents which forms the basis of the grounds of your detention are enclosed herewith for your reference:- (i) Your statement given before the Investigating Officer on 13.2.2010. (ii) Statement of Sl. N.Shyam Singh of PRT PS, recorded under Section 161 Cr.PC in c/w FIR No.326(10)2009 PRT PS under Section 307/427/34 IPC and 3 Expl. Subs Act. (iii) Copy of arrest Memo dtd. 12.2.2010 (iv) Notification No. S. O. 2883 (E) dtd. 13.11.2009. (v) Copy of order dtd. 11.2.2010 of CJM, Imphal. (vi) Copy of FIR No. 269(8)09 PRT PS under Section 17/20 UA (P) A Act. (vii) Copy of FIR No. 24(1)2010 PRT PS under Section 420/332/34 IPC. (viii) Copy of Home Department, Govt. of Manipur Order No. 17(1)49/80-H (Pt.-I) dated 11.2.2010."
It is the case of the petitioner-detenue that even if the said FIR, i.e. FIR No. 326 (10)2009 PRT PS was registered on suo moto, the concerned police officer of the Porompat P.S, who registered the said FIR on suo moto should have recorded the substance of the reasons or information basing on which FIR case was registered on suo moto while registering the FIR.
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