HAOMINTHANG KUKI Vs. THE DISTRICT MAGISTRATE, IMPHAL WEST DISTRICT AND ORS.

JUDGEMENT

(1.) THE order of detention passed by the District Magistrate, Imphal West in exercise of powers conferred under sub -section 3 of Section 3 of the National Security Act, 1980 dated 8.7.2014 is the subject matter of challenge in the writ petition.

(2.) THE petitioner, who is the detenu, was arrested on 24.6.2014 by a team of police commando, Imphal West and one Mobile handset with two Sim Cards were seized from his possession. On the strength of the report of the Officer in -Charge of the City Police Station, F.I.R. case No. 86(6)2014 City P.S. was registered for commission of offence u/s. 364 -A/384 IPC and 20/16 UA(P) Act. While in police custody, he was also formally arrested in connection with F.I.R. No. 89(6)14 City P.S. While the petitioner was remanded to police custody and was to be produced before the Court on 8.7.2014, the impugned order of detention was passed on the very same day. The subjective satisfaction recorded by the District Magistrate in the impugned order is that the petitioner, who is in police custody, should be prevented from commission of prejudicial activities through an alternative preventive measure. The petitioner, thereafter, made representations to the Central Government and to the State Government and the representations were rejected.

(3.) IN this writ application, only one ground has been raised by Mr. R.K. Umakanta, learned counsel appearing for the petitioner. It is submitted that after the order of detention was passed on 8.7.2014, the petitioner submitted a representation on 22.7.2014 addressed to the Chief Secretary, Govt. of Manipur. The said representation was received on 24.7.2014, but no intimation was given to the petitioner as to whether the said representation was disposed of or not. Only after a long lapse of time, the petitioner was intimated about the rejection of the representation.