NINGOMBAM LEIMA DEVI Vs. STATE OF MANIPUR
LAWS(GAU)-2012-4-7
HIGH COURT OF GAUHATI (FROM: IMPHAL)
Decided on April 02,2012

NINGOMBAM (O) LEIMA DEVI Appellant
VERSUS
STATE OF MANIPUR Respondents


Referred Judgements :-

LONDON GRAVING DOCK CO. LTD. V. HORTON (AC AT P. 761) [REFERRED TO]
HOME OFFICE V. DORSET YACHT CO. LTD. [REFERRED TO]
SHEPHERD HOMES LTD. V. SANDHAM (NO. 2) [REFERRED TO]
HERRINGTON V. BRITISH RAILWAYS BOARD LORD MORRIS [REFERRED TO]
PROF KHAIDEM IBOGHA SINGH VS. STATE OF MANIPUR [REFERRED TO]
ICCHU DEVI CHORARIA VS. UNION OF INDIA [REFERRED TO]
RATTAN SINGH SHINGARA SINGH S O TEJA SINGH VS. STATE OF PUNJAB [REFERRED TO]
AMBICA QUARRY WORKS AMBALAL MANIBHAI PATEL VS. STATE OF GUJARAT [REFERRED TO]
KUBICDARUSZ VS. UNION OF INDIA [REFERRED TO]
GRACY VS. STATE OF KERALA [REFERRED TO]
MOOSA HUSEIN SANGHAR VS. STATE OF GUJARAT [REFERRED TO]
KAMLESHKUMAR ISHWARDAS PATEL UNION OF INDIA OTHERS UNION OF INDIA HANSABEN JAYANTILAL SHAH VS. UNION OF INDIA [REFERRED TO]
R KESHAVA VS. M B PRAKASH [REFERRED TO]
BHAVNAGAR UNIVERSITY VS. PALITANA SUGAR MILL PRIVATE LIMITED [REFERRED TO]
UNION OF INDIA VS. PAUL MANICKAM [REFERRED TO]
BHARAT PETROLEUM CORPORATION LIMITED VS. N R VAIRAMANI [REFERRED TO]
INDERJEET VS. UNION OF INDIA [REFERRED TO]
THIYAM NINGOL SALAM ONGBI RAMANAI DEVI VS. DISTRICT MAGISTRATE [REFERRED TO]



Cited Judgements :-

TAKHELLABAM ONGBI MALA DEVI VS. THE STATE OF MANIPUR [LAWS(MANIP)-2014-11-5] [REFERRED TO]
SOROKHAIBAM ARUNA DEVI VS. STATE OF MANIPUR [LAWS(GAU)-2012-8-173] [REFERRED TO]


JUDGEMENT

- (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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