TONGNRAM SANJIT SINGH @ PARI @ BOY Vs. DISTRICT MAGISTRATE, IMPHAL EAST

JUDGEMENT

(1.) This application has been filed for quashing the order dated 28.7i.2016 passed by the District Magistrate, Imphal East, respondent No.1, whereby and whereunder the respondent No.1, in exercise of power conferred under sub section (3) of Sec. 3 of the National Security Act, 1980, passed the order of detention in Cril/NSA/ No. 9 of 2016 against the detenu namely Tongbram Sanjit Singh after recording that, in order to prevent the detenu from acting in any manner prejudicial to the security of the State and maintenance of public order, it has become necessary to do so.

(2.) The grounds on which order of detention was passed are that the detenu did join an armed underground organization namely United National Liberation Front (UNLF) as member in Dec., 1992. Thereupon the detenu as well as 14 other members were imparted training in Bangladesh. Even on completion of the training programme, the detenu stayed at Bangladesh doing routine work for the camp. While he was there, he joined a new underground organization named as KYKL and started doing work for it. The detenu came to Manipur in July 1994 and started discharging mobile duty. Subsequently combined team of KYKL and NSCN(I/M) to which the detenu was also a party had had encounter with UNLF (M) at Umathel for which a case was registered as FIR No.52(8)94 WKG PS under section 121/121-A/302 of the Penal Code and also under section 25/(I-B) of the A.Act as well as under section 3(2) (ii) of TDA(P) Act. That apart, the detenu along with and his associates extorted money more than 7 lakhs from the shop-keepers and others from Aug., 1994 to Dec., 1996. In January,1997 the detenu left for Gauhati where he was arrested in connection with a case. Thereupon, Imphal police got him remanded in connection with a case registered as FIR case No.353(5)95 instituted under Sec. 400 of the I.P.C. and also under section 25(I-B) A. Act and also under section 3 of the Expls. Sub-section Act as well as under section 4(1)TDA(P) Act. However, petitioner was released on bail. Thereupon, petitioner again participated in an encounter took place in between the combined team of KYKL and NSCN(I/M) at one hand and UNLF as well as NSCN(K) on the other hand for which a case was registered as FIR No.3(12)99 Khoupum PS under Sec. 307 of the I.P.C., 25(I-C) (IA) A.Act and 13 UA(P)Act. In the month of April, 1998 the detenu was promoted to the rank of self styled seargent. Thereupon, he extorted huge money from different persons. On 24.7.2002 the detenu was arrested by Imphal West police in connection with the case registered as FIR Case No.86(7) 02 and was remanded in judicial custody. However, he was released on bail later on. Even after release on bail, the detenu continued to work for KYKL and again extorted money. Subsequently, he left the organization and started working for another organization, KCP-KK Nganba faction and continued to extort money from different persons and also Government organization. However, in course of time, he along with his other associates of the said organization and also other organization surrendered and were kept at designated camp. In spite of that the detenu continued to indulge himself in the activities which were prejudicial to the security of the State. In course of time, he chalked out a plan to assassinate one N. Nabachandra Singh on the charge of misusing of party fund of PREPAK and for that purpose collected money in lakhs. The detenu succeeded in its plan to assassinate said Nabachandra Singh and his driver. For such occurrence, a case was registered as FIR Case No.108(6)16 HNG PS under section 302/448/34 of the Penal Code and also under section 25(I-C) A. Act. On 28.6.2016 the detenu was arrested in connection with the aforesaid case and was remanded to judicial custody.

(3.) On such ground, the respondent No.1, after recording that the detenu will go on indulging himself in the activities prejudicial to the maintenance of public order, passed order of detention on 28.7.2016 which was approved on 8.8.2016 and was confirmed on 28.9.2016. The aforesaid orders of detention, approval and its confirmation have been challenged on several grounds.