FM SHARIF, S/O FM FARID Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Order of detention dated 16.6.2016 passed by the District Magistrate, Imphal West in exercise of the power conferred under sub section 3 of Section 3 of the National Security Act,1980 is under challenge.

(2.) As per the grounds of detention, the detenu FM Sharif, joined an armed insurgent organization namely, Kanglei Yawol Kangba Lup (KYKL) as a member in the month of February, 2016. The objective of the said organization is to secede the State of Manipur from Union of India and to create a sovereign and independent State of Manipur. For the said purpose organization had been procuring arms and ammunitions through foreign countries and had been recruiting youngsters from various communities. In order to achieve objectives, the members of the organization committed series of heinous crimes such as murder, dacoity, robbery, extortion and kidnapping for ransom etc. in different parts of the State of Manipur.

(3.) Mr. Ph.Sanajaoba Sharma, learned counsel for the petitioner submits that order of detention has been challenged on several grounds but he would confine only on one ground which relates to delay in disposal of the representation by the Central Government authority. In this regard, it was submitted that on 27.6.2016 representation was submitted to the State Govt as well as Central Govt. authority. Said representation submitted before the State Govt. was rejected on 11.7.2016. On the same day, State Government forwarded it to the Central Government which was received on 21.7.2016. Meanwhile parawise comments was forwarded by the State Government to the Central Government on 16.7.2016 which was received on 20.7.2016 and thereafter on 20.9.2016 Central Govt. passed the order rejecting the representation after two months of the receipt of the representation for which authority has not come forward with any reasonable and plausible ground for delay and thereby detention order becomes vulnerable. Under the circumstances, order of detention and its approval is fit to be quashed.