MAYANGLAMBAM MAHESH SINGH @ KIRAN @ ATHOUBA Vs. DISTRICT MAGISTRATE, THE STATE OF MANIPUR

JUDGEMENT

(1.) THE petitioner in this writ application challenges the order of detention dated 17.5.2013 passed by the District Magistrate, Imphal West under Sub -section (3) of Section 3 of the National Security Act, 1980.

(2.) FROM the grounds of detention, it appears that the petitioner joined Kanglei Yaol Kanna Lup ('KYKL' for short), a banned group and was involved in activities detrimental to the interest of the security of the State.

(3.) SHRI Kh. Mani Singh, learned counsel appearing on behalf of the petitioner assails the order of detention solely on the ground that on the date, the order of detention was passed, no application for bail on behalf of the petitioner was pending consideration by the Court. Since the petitioner was continuing in judicial custody and had not applied for grant of bail, there was no reason on the part of the District Magistrate, Imphal West to apprehend that the petitioner may be released on bail even in the absence of a bail application. It was, further, contended by the learned counsel that the documents placed before the Detaining Authority did not indicate any similar case where bail had been granted by the Court on earlier occasions.