KANGABAM GANDHI SINGH Vs. THE DISTRICT MAGISTRATE AND ORS.

JUDGEMENT

(1.) THE petitioner, having been detained under the National Security Act, 1980 by order of the District Magistrate, Imphal West dt. 29.10.2014, has filed this writ application challenging the order of detention in Annexure -A/1 as well as the order of confirmation passed by the State Government in Annexure -A/4 dated 10.12.2014.

(2.) IN the grounds of detention, it is alleged that the petitioner joined a banned organisation namely Peoples' Revolutionary Party of Kangleipak Progressive towards the middle of 2013 and started getting himself involved in several criminal activities under the instructions of his superior in the said organisation. He was arrested on 30.7.2014 at 6.10 PM from Allu Gali, Thangal Bazar in connection with FIR 118(7)14 City P.S. and was remanded to police custody till 6.8.2014. During the said custodial period, he was formally arrested in connection with FIR No. 272(10)13 City P.S. and was again remanded to jail custody in connection with the above case till 11.8.2014. Thereafter he was sent to judicial custody. While in judicial custody, the impugned order of detention was passed by the District Magistrate, Imphal West on the ground that the petitioner should be prevented from commission of prejudicial activities for maintenance of public order u/s 3(2) of NSA, 1980. The said order of detention was approved by the Board and was subsequently confirmed by the State Govt. in Annexure -A/4 and the period of detention was fixed for 12 months.

(3.) A counter affidavit has been filed not only by the State but also by the Union of India in the writ petition and it is stated in the counter affidavit filed by the State authorities that because of the involvement of the petitioner in several criminal activities as narrated in the grounds of detention, it became necessary to pass the order of detention in order to prevent him from getting involved in further prejudicial activities.