H.L. DATTU, J. - (1.) LEAVE granted.
(2.) BY our order dated 14/9/2010, after hearing the learned counsel for the parties to the lis, we had directed the release of the detenu, since we were satisfied that the appellant prima-facie had made out a case for release of the detenu. Now we give our reasons for allowing this appeal in support of our pre-emptory order. Here is an unfortunate case involving a person who ought not to have been detained under preventive detention and have his liberty curtailed by virtue of his incarceration under Section 3(2) of the National Security Act, 1980 (hereinafter "NS Act"). Individual liberty is a cherished right, one of the most valuable Fundamental Rights guaranteed by the Constitution to the citizens of this Country. On "liberty", William Shakespeare, the great play writer, has observed that "a man is master of his liberty". Benjamin Franklin goes even further and says that "any society that would give up a little liberty to gain a little security will deserve neither and lose both". The importance of protecting liberty and freedom is explained by the famous lawyer Clarence Darrow as "you can protect your liberties in this world only by protecting the other man's freedom; you can be free only if I am free." In India, the utmost importance is given to life and personal liberty of an individual, since we believe personal liberty is the paramount essential to human dignity and human happiness. The Constitution of India protects the liberty of an individual. Article 21 provides that no person shall be deprived of his life and personal liberty except according to procedure established by law. In matters of preventive detention such as this, as there is deprivation of liberty without trial, and subsequent safeguards are provided in Article 22 of the Constitution. They are, when any person is detained pursuant to an order made under any law providing for preventive detention, the authority making the order is required to communicate the grounds on the basis of which, the order has been made and give him an opportunity to make a representation against the order as soon as possible. It thus, cannot be doubted that the Constitutional framework envisages protection of liberty as essential, and makes the circumstances under which it can be deprived.
(3.) THE appellant is the wife of Mr. Ranjit Oinamcha @ Oinam Ranjit Singh, who is the detenu under the National Security Act. She is questioning the detention order dated 24/09/2009 passed by the District Magistrate, Imphal West District, Manipur, against which, a challenge was made in the form of a habeas corpus petition in the Gauhati High Court (Imphal Bench) in Writ Petition (Crl.) No. 111/2009. By an order dated 18/02/2010, the High Court dismissed the writ petition. Aggrieved by the same, the appellant has filed this appeal. The facts of this case, in a nutshell, are that the detenu was the Editor of a Manipuri Daily evening paper named ?Paojel', having its printing press at Keisamthing Top Leirak, Manipur. The assertions and allegations leading to his detention, as stated in the Grounds of Detention order passed by the District Magistrate dated 28/09/2009, are that the detenu could not get enough money from his press to maintain it or support his family, particularly due to the high rates of essential commodities in Manipur. Therefore, in 2003, he contacted Mr. Irom Priyobarta Singh @ Naocha with the intention of earning money without labour. From July 2003, he was in touch with Mr. Ratan @ Inao @ N. Ibochouba Singh, who was the Finance in-Charge of the United National Liberation Front (UNLF), Imphal West, after discussion with whom he decided to get involved in extorting money from contractors and engineers of Public Health Engineering Department ("PHED" for short) and Forest Department of Manipur Government by delivering demand letters which he printed in his own press. He and Mr. Irom Priyobarta Singh were to receive a 10% share of the extortion money. They accordingly started carrying out such extortion by printing these demand letters in his press and delivering them to the aforementioned contractors and engineers, and even issued threats to them not to report the matter to the Security Forces. This extortion resulted in a terror wave in the general public which is prejudicial to the maintenance of public order. The Grounds also pointed out that the UNLF is an unlawful association (declared so vide Gazette of India Notification, under No. S.O. 1992(E), dated 13.11.2007) which looks to create an independent, sovereign State of Manipur by seceding from the Union of India, and that the said organization has involved itself in procuring arms and ammunitions from foreign countries, recruiting youngsters, and committing heinous crimes such as murder, dacoity, extortion, kidnapping for ransom etc.;