JUDGEMENT
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(1.)By this writ petition, the petitioner, who is the wife of the
detenu, Shri Ningombam Lokeshore Singh @ Ngamba, is assailing the
detention order being No. Cril/NSA/No. 75 of 2011, Imphal dated
10.06.2011, the approval order of Government of Manipur dated
17.06.2011 and confirmation order of Government of Manipur dated
29.07.2011 for fixing the period of detention for 12 months from the
date of detention only on the ground that the right of the detenu
guaranteed under Article 22 (5) of the Constitution of India had been
infringed for failure of the appropriate Government to consider the
representation dated 20.07.2011 filed against the impugned detention
order.
(2.)Heard Mr. Sanajaoba, learned counsel for the petitioner and
also Mr. R. S. Reisang, learned GA appearing for the respondents.
(3.)FACTUAL BACKGROUND
On the intervening night between 03.06.2011 and
04.06.2011 at about 2.30 a. m. while the detenu was at his residence
alongwith the members of his family, some commando personnel
suddenly entered at his residence and apprehended him; and taken to
their camp at Minuthong, Imphal. After he was arrested by the
commando personnel, he was subjected to interrogation by the police
personnel. In the after noon of the same day he was taken to Singjamei
P. S. and a police case being FIR No. 220(6) 2011 Singjamei P. S. under
Section 17/20 UA(P) Act & 25(1-C) Arms Act was registered against the
detenu. On the next date i. e. 04.06.2011 he was produced before the
concerned Magistrate who remanded him to police custody till
10.06.2011. On 10.06.2011 when he was produced before the Court for
judicial remand he was served with the copy of the impugned detention
order dated 10.06.2011 passed by the District Magistrate, Imphal West
District. On 13.06.2011 the detenu was served with a letter dated
13.06.2011 (grounds of order of detention) along with copies of the
documents which formed the grounds of detention while the detenu was
in Manipur Central Jail, Sajiwa. On 20.07.2011, the detenu submitted a
representation for revocation of the detention order and also to allow
him to be represented by his lawyer or a friend of his choice before the
Advisory Board at the time of consideration of his case.
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