MD. MERI HASSAN Vs. DISTRICT MAGISTRATE THOUBAL DISTRICT, MANIPUR

JUDGEMENT

(1.) HEARD Mr.Kh.Mani, learned counsel appearing for the appellant and Mr.R.S.Reisang, learned Sr. Govt. Advocateappearing for the State respondents No.1 and 2 and Mr.C.Komol, learned CGSC appearing for the respondent No.3.

(2.) IN this appeal, the appellant has challenged the judgment and order 16.1.2013 passed by the learned Single Judge in Writ Petition(Cril) No.98 of 2012 by which the learned Single Judge dismissed the writ petition challenging the detention order dated 28.6.2012 of the appellant/petitioner under the National Security Act, 1980 (hereinafter referred to as the "Act"). The petitioner, who was serving as a constable in the Manipur Police Dept. after his appointment in 2009 was arrested by a team of the police commandoes on 15.6.2012 with the recovery of one Chinese hand grenade and one mobile handset from his possession and accordingly, a case was registered against him under FIR No.171(6) 2012 TBL -PS u/s 20 UA(P) A.Act and 5 Expl. Subs. Act. He was remanded to police custody till 25.6.2012 and thereafter, he was produced before the Court which remanded him to further police custody till 28.6.2012.While the petitioner was in police custody, the District Magistrate, Thoubal District served him with the detention order dated 28.6.2012 under No.Cril NSA Case No. 25 of 2012. Thereafter, the grounds of detention dated 28.6.2012 were served upon him. As per the detention order and grounds of detention, the petitioner while serving as a constable in the Manipur Police Department was acting along with some underground activists belonging to Kangleipak Communist Party (KCP), a banned organisation, and with their help had started extorting money from the general public during his off duty time and the petitioner used to receive 25% of the extorted amount. The detaining authority on being satisfied that the activities of the detenue are prejudicial to the security of the state and maintenance of public order and also on being satisfied that the petitioner, who was in police custody, was likely to be released on bail and would continue to act in manner prejudicial to the security and public order, issued the detention order under National Security Act 1980. Being aggrieved by detention of the appellant under National Security Act, 1980, the appellant approached the Gauhati High Court, Imphal Bench by filing the writ petition, being W.P(Cril) No.90 of 2012 which was dismissed by the learned Single Judge on 16.01.2013 against which the present writ appeal has been preferred.

(3.) LEARNED counsel appearing for the appellant has submitted that the detention order is vitiated on various grounds, inter alia, that there was no material on record for the detaining authority to come to the conclusion or to arrive at the subjective satisfaction that the detenue/appellant is likely to be released on bail thus requiring his preventive detention under the Act and also that the representation dated 14.7.2012 submitted by the detenue/appellant was disposed of by the Central Government with inordinate delay which was not explained properly.