TAKHELLABAM ONGBI MALA DEVI Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) THE petitioner is the detenue and she has filed this writ application challenging the legality of the order passed by the District Magistrate, Imphal West on 5.6.2014 in Annexure -N/1 directing her detention under Sub Section 3 of Section 3 of the National Security Act, 1980.

(2.) IN the grounds of detention, it is alleged that the petitioned joined a banned organization namely, Peoples Liberation Army (PLA for short) in January, 2001 and had taken military training in the month of May, 2002 in a training centre in Chandel district. While continuing as a Member of the said banned organisation, she was involved in extortion of money from general public, Govt. employees and businessman etc. and it is also alleged that she had hurled a hand granate to the house of Shri Ch. Ranbir Singh on 17.2.2011. She was arrested in connection with a case of Singjamei P.S. and was remanded to jail custody on 3.3.2011. During that period, she was also detained under National Security Act, 1980 by order dt. 3.3.2011. She was released on 25.2.2012 and started working for KCP Noyon faction and went to Bangladesh in July, 2012 and stayed with her husband. She got computer training in Bangladesh and came back to Manipur in the first part of 2013 and again started criminal activities like extortion of money, transportation of explosives, planting IEDs to terrorise public. It is also alleged that she carried out these activities along with some of her companions in the name of URF. It is further alleged that she along with her companion had planted IED explosive on 9.4.2014 at the gate of one Moirangthem Shyamkishor Singh who neglected to pay demand money and that she was also involved in planting IEDs which exploded on 13.4.2014. She was arrested on 26.4.2014 by a police team of CDO/IW from a place near Gambhir Shopping Complex, Imphal and a Samsung Mobile handset along with two Sim cards were seized from her possession. A case was registered in the City Police Station vide FIR No. 56(4)14 for commission of offence u/s. 17/20 UA(P) A. Act and she was remanded to police custody till 3.5.2014. While in custody she was arrested in connection with two other cases -once on 3.5.2014 and again on 7.5.2014. After she was remanded to judicial custody, the impugned order of detention was passed. The said order of detention was confirmed by the State Govt. after obtaining the opinion of Advisory Board.

(3.) MR . Ashang, learned G.A. appearing for the State submitted that the representation of the petitioner was received after her case was placed before the Advisory Board and therefore considering the opinion of the Advisory Board, the order of detention was confirmed and there was no necessity to consider the representation of the petitioner any further.