ACHOM ANIL @ IBOMCHA @ SANAJAOBA @ MUTTU @ DHARAMBIR Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THE petitioner in this writ application questions the legality of the order of detention passed by the District Magistrate, Imphal West on 6.11.2013 in Annexure -C/4, in exercise of his powers conferred under Section 3 Sub -Section (3) of the National Security Act, 1980.

(2.) FROM the grounds of detention, it appears that the petitioner is a member of United Liberation Front (for short 'UNLF ') and works in different capacities for the said Organisation. On 24.10.2013 at about 6.30 AM, he was arrested by a team of CDO/IW and certain materials were seized from him. He was, thereafter, handed over to the Officer -in -Charge, Imphal Police Station and a case was registered for commission of offence under section 121/121 -A IPC & 16/20 UA(P)A Act. He was remanded to police custody till 6.11.2013 and thereafter remained in jail custody. While continuing in police custody, on 6.11.2013, the impugned order of detention was passed by the District Magistrate, Imphal West on the ground that the petitioner, who is in police custody is likely to be released on bail in the near future by normal criminal court as bail is granted in similar cases by the criminal courts. 2.1. After the order of detention was passed on 6.11.2013, the grounds of detention were served on him on 7.11.2013. The order of detention was approved by the Board and was also subsequently confirmed by the State Government. The representation of the petitioner was also rejected both by the State Government as well as the Union of India. Hence, this writ petition.

(3.) UNDISPUTEDLY , in Annexure -C/4, the District Magistrate, Imphal West passed the order of detention on 6.11.2013 and on the very next day, the grounds of detention under section 8 of the National Security Act, 1980 was served on the detenu. It was contended by the learned counsel of the petitioner/detenu that the grounds of detention have to be prepared first and signed by the authority concerned as the order of detention is based on the grounds of detention. If the grounds of detention are not in existence prior to the order of detention, such order of detention becomes invalid. Reliance was placed in this connection on the decision of the Apex Court in the case of Krishna Murari Aggarwala -Vs. Union of India & Ors., reported in AIR 1975 SC 1877.In paragraph -7 of the judgement, the Supreme Court made the following observations: