N BISHESWAR Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This Habeas Corpus petition under Art. 226 of the Constitution is for quashing the detention order dated 22-4-1993 passed by Sri R.K. Angousana Singh, District Magistrate, lmphal District (Annexure-A/1) in Criminal N.S.A. No. 4 of 1993, which was served on the petitioner in hazot on 25-4-1993 and approved by the Government of Manipur on 3-5-1993.

(2.) The petitioner is a resident of Singjamei Makha Nameirakpam Leikai in the district of Imphal. While he was in Judicial custody at Cental Jail in connection with criminal cases, he was elected M.L.A. from Pungjamei Assembly Constituency in the election held on 27-12-1984. After he became M.L.A., he was convicted in those cases but released by setting of the period of judicial custody which was more than 31/2 years. Thereafter, on 5-6-1988, he founded a new political party called "PORAMLEN APUNBA" to contest the coming Assembly election of 1990. He and his partymen then started to work for the party by going to the people of different constituencies of the State of Manipur. In the meantime on 2-5-1992, O/C Imphal P.S. suo motu registered a case under F.I.R. No. 290(5) 92 under Section 302/34, I.P.C. against unknown persons for alleged assault and death of a rickshaw puller near Sagolaband. It is not known who else were arrested in this case and, what was the clue against the petitioner but the police arrested him in this case on 21-4-1993 and produced him before a Magistrate on 22-4-1993. In those days, he was chronic patient of T.B. and high blood pressure and was on medical treatment at his house. The Magistrate on 22-4-1993 remanded him to custody of the producing police till 25-4-1993 for further investigation. When the police produced on 25-4-1993 from their custody, the Magistrate remanded him to hazot. On that dates (25-4-1993), the District Magistrate, Imphal, served on him in hazot the order passed by him on 22-4-1993 under Section 3(3) of the National Security Act, directing that he be detained until further order to prevent from doing acts prejudicial to Maintenance of public order and on 26-4-193, the District Magistrate furnished him with the grounds for detention. The grounds were based on:

(3.) On 10-5-1993, the petitioner made representation to : (1) the Chief Secretary to the Government of Manipur and (2) the Home Secretary of Central Government. In this representation, he stated that-