CHONGSEI BAITE Vs. STATE OF MANIPUR REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF MANIPUR

JUDGEMENT

(1.) HEARD Ms. H. Bisheshwari, learned counsel appearing for the petitioner as well as Mr. Y. Ashang, learned Addl. G.A appearing for the respondent Nos. 1 and 2 and none appears for the Union of India (Respondent No.3).

(2.) IN the present petition, in challenging the detention order under the National Security Act, 1980, learned counsel for the petitioner has relied on the judgment of the Hon'ble Supreme Court in Huidrom Konungjao Singh ­vs - State of Manipur & Ors. reported in AIR 2012 SC 2002, decided by the Supreme Court on 17.5.2012, the implication of which is that, if the detaining authority reaches a conclusion to the effect that the detenu is likely to be released on bail, such a conclusion ought to be based on the fact of release of other accused person in a similar case or in respect of co - accused or involving similar provisions of law, and it should not be based on ipse dixit statement of the detaining authority. In other words, the detaining authority must show similarities of the circumstances in which the other person was released on bail, so as to come to the conclusion that the detenu is also likely to be released on bail. To be more precise, the relevant observation of the Supreme Court may be reproduced hereunder as below:

(3.) THE detaining authority apparently does not seem to be aware of the aforesaid dictum of the Supreme Court relating to the subjective satisfaction as regards the likelihood of release of a detenue on bail. Accordingly, the impugned detention order must suffer similar fate which awaits any such order issued not in conformity with the decision of the Supreme Court.