(1.) This application has been filed for quashing the order dated 3.11.2016 passed by the District Magistrate, Thoubal, respondent No.2, who in exercise of power conferred under sub section 3 of Section 3 of the National Security Act,1980 passed the order of detention in case bearing Cril.NSA Case No.5 of 2016 against the detenu, Tangtonga Kansawa Moses, while he was in police remand.
(2.) The grounds on which order of detention was passed are that the detenu joined an armed underground organization National Socialist Council of Nagalim-Isak/Muivah faction (NSCN-I/M) as a member in March, 2009. Thereupon, he was imparted with basic training along with others. After training, the detenu left the camp in January, 2010 and went to Chakpikarong where the detenu and other members of NSCN-I/M carried out prejudicial activities and went on doing so at different places. In August, 2015, the detenu was promoted to the rank of self styled Area Collector. Thereupon, the detenu along with other members started extorting money from general public, shop keepers, businessmen, contractors, vehicle owners etc. and thereby they used to collect money 1-3 lakhs per month and all these acts were being done to achieve the objective of NSCN to establish a sovereign State in the name of Nagalim by unifying all the Nagas inhabited areas in the northeast of India and northern Burma.
(3.) On 27.10.2016 detenu was arrested by the police team of CDO Thoubal and recovered certain articles which were handed over to OC Kakching P.S. along with written report, on the basis of which a case was registered as FIR Case No.89(10)16 KCG PS u/s 17/20 of UA(P) Act. Subsequently, the detenu was remanded to police custody till 3.11.2016 on which date order of detention was passed after recording that the detenu, who is in police custody, is likely to continue to do acts prejudicial to the security of the State and maintenance of public order. The said order of detention dated 3.11.2016 was approved on 14.11.2016 and was confirmed on 16.12.2016.