YUMNAM RAJEN SINGH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) HEARD Mr.Ch.Ngongo, learned counsel for the petitioner, Mr.Modhuchandra, learned GA for respondent Nos.1, 2 and 3 as well as Mr.C.Kamal, learned CGSC for respondent No.4.

(2.) THE challenge in the present Habeas Corpus petition is to the detention order being No.Cril/NSA/No.73 of 2011 dated 01.06.2011 passed by the District Magistrate Imphal West (Detaining Authority) in exercise of power conferred under sub-section (3) of Section 3 of the National Security Act, 1980 (for short 'NSA') read with Home Department's order No.17(1)/49/80-H (Pt-1) dated 09.05.2011, the order of the State Government being No.17(1)116/2011-H dated 08.06.2011 for approving the impugned detention order dated 01.06.2011 and also subsequent order of the State Government dated 18.07.2011 for confirming the impugned detention order and fixing period of detention for 12 (twelve) months from the date of detention.

(3.) IN pursuance of Section 8 of the NSA, the Detaining Authority (District Magistrate, Imphal West) furnished grounds of detention and copies of documents which formed basis of the grounds of detention to the petitioner-detenu under his letter dated 04.06.2011 (Annexure-A/2 to the writ petition). IN para-1 of the grounds of detention it is stated that the detenu was once arrested by a column of 7 A.R. from Langmeidong Mamang Leikai and produced before the Court on 12.02.2002 in connection with FIR No.4(2)2002 WKG-PS under Section 10/13 UA (P) Act for judicial remand but the detenu was released on bail by the court on the same day. Relying on para-1 of the grounds of detention it is the submission of Mr.Modhuchandra, learned GA appearing for respondent Nos.1 and 2 that there is material for coming to the subjective satisfaction of the Detaining Authority that the petitioner is likely to be released on bail in connection with new case i.e. FIR No.206 (5) 2011 SJM, PS under Section 20 UA (P) A Act & 25 (1-B) A Act, as the petitioner-detenu had already been released by the Court in connection with the earlier case on the very day of producing the petitioner-detenu before the Court; and this submission of Mr.Modhuchandra, learned GA will be considered at the appropriate place of the judgment.