MAYENGBAM (N) NINGTHOUJAM (O) MEMACHA @ OMITA DEVI Vs. STATE OF MANIPUR, REPRESENTED BY THE CHIEF SECRETARY

JUDGEMENT

(1.) Heard Mr. N. Mahendra, learned counsel appearing for the petitioner. Also heard Mr. Y. Ashang, learned State Counsel appearing for the State respondents and Mr. Amarjit Naorem, learned counsel appearing for the Union respondent. In the present writ petition, the petitioner/detenue has challenged her detention u/S. 3(2) of the National Security Act, 1980 under No. Cril/NSA/No. 48 of 2012 vide order dated 6th November, 2012.

(2.) The main contention of the petitioner/detenue is that the said detention order is vitiated because of the fact that the detaining authority while coming to the conclusion that the detenue was likely to be released on bail and also likely to continue to act in the manner prejudicial to the security of the State and maintenance of public, was not founded on any legally permissible basis in terms of the decision of the Hon'ble Supreme Court in Rekha v. State of Tamil Nadu through Secretary to Government and another, 2011 5 SCC 244 as well as in Huidrom Konungjao Singh v. State of Manipur & Ors., 2012 AIR(SC) 2002

(3.) The detenue was arrested on 8.10.2012 in connection with FIR No. 364(10)2012 TBL P.S. u/S. 20 UA(P) A. Act and 5 Expl. Subs. Act and was remanded to police custody till 18.10.2012 and on 18.10.2012, she was produced before the Court and remanded to police custody till 24.10.2012. Thereafter, she was remanded to judicial custody and is currently in Manipur Central Jail, Imphal.