B.L. Hansaria, J. - (1.) THIS usual habeas corpus application has some unusual aspects involved in it. The attack on the detention order is not on worn -out grounds, but on a novel score. It is urged that the Respondents could not have invoked the provisions of the National Security Act, 1980, for short, the Act because of the doctrine of promissory estoppel. To appreciate this, let the facts be stated first.
(2.) THE detenu C. Gogo Singh @ Tikendrajit Singh was an underground member of "Red Brigade". To persuade the extremists to join the national mainstream, some assurances were given by the Government if they were to come over -ground. The one assurance with which we are concerned is that "all cases against them shall be withdrawn". Such an appeal is said to have been distributed widely by the Director of Information and Public Relations, Manipur Government. The fact is not denied in to many words by the Respondents, Annexure -A/1 is the copy of the "Appeal To The Young Extremists" containing this facility. Annexure -A/2 dt. 14.9.81 speaks of grant of rehabilitation money to the extremists. It may be stated that Annexure -A/1 itself speaks of "Money and other aids to rehabilitate". The case of the Petitioner, who is the wife of the detenu is that her husband surrendered before the Deputy Chief Minister, Government of Manipur, on 20.11.82 in pursuance of the terms and conditions given in Annexures -A/1 and A/2. The detenu was, however, arrested soon thereafter on 9.12.82 in connection with certain FIR cases. The impugned order of detention came to be passed on 1.2.83 with a view to prevent the detenu from acting in any manner prejudicial to the security of the State and the maintenance of public order. The validity of the detention has been fist assailed by the young Counsel Shri S. Jayanta Singh on the score of violation of the promises held out in Annexure -A/1 that all cases against the extremists shall be withdrawn. It is urged that the Respondents are estopped in law and in equity to pass the impugned order based on the activities which were allegedly undertaken by the detenu prior to his surrender. The doctrine of promissory estoppel is strongly pressed into service, in this connection.
(3.) THE learned Advocate General, Manipur, appearing for the Respondents has assailed the aforesaid contention by submitting that the doctrine of promissory estoppel has no play in a case of the present nature. Before we consider this aspect of the matter, let us clear the deck. This exercise has become necessary because the learned Advocate General took the stand that what is contained in Annexure -A/1 was not a promise at all, and in any case the detenu had not surrendered because of the assurances held out in Annexure -A/1. In support of the latter submission we are referred to the counter -affidavit filed by the Secretary (Home), Government of Manipur, as well as to some annexures in the petition stating that the surrendered bad come following a hot chase by the police. Mention has been made of chasing in Annexure -A/3, and para 5 of the aforesaid counter. It may be that the circumstances had compelled the detenu to surrender, but for this reason it cannot be held that the surrenderees like the detenu would be denied the facilities spoken of in Annexures -A/1 and A/2. Had it been that the detenu was caught, there could have been no question of his surrendering, in which eventuality be could not have laid his claim on the facilities or allurements mentioned in these annexures. But as the present was admittedly a case of surrender simpliciter. may be because of the difficulties being faced in the underground life, but nonetheless it was a case of surrender. Any other view on these annexures would really be against the larger interest of the State and society inasmuch as the extremists coming over -ground and willing to join the national main -stream would lose their confidence on any such type of appeals to surrender. We have therefore, no hesitation in rejection the second part of the aforesaid submission of the learned Advocate General.;