Writ Petition (Cril) No. 48 of 2016. Case: Farukh Khan Vs The District Magistrate, Imphal West District, Govt. of Manipur and Ors.. Manipur High Court

Case Number:Writ Petition (Cril) No. 48 of 2016
Party Name:Farukh Khan Vs The District Magistrate, Imphal West District, Govt. of Manipur and Ors.
Counsel:For Appellant: S. Rajeetchandra, Advocate and For Respondents: L. Manomala, Addl. G.A.
Judges:Rakesh Ranjan Prasad, C.J. and Kh. Nobin Singh, J.
Issue:Arms Act, 1959 - Section 25(IC); Indian Penal Code 1860, (IPC) - Section 400; National Security Act, 1980 - Section 3; Unlawful Activities Prevention Act, 1967 (Central) - Sections 17, 20
Judgement Date:January 19, 2017
Court:Manipur High Court
 
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Judgment:

Rakesh Ranjan Prasad, C.J.

  1. This application has been filed for quashing the order dated 16.6.2016 passed by the District Magistrate, Imphal West, respondent No. 1, whereby and whereunder the respondent No. 1, in exercise of power conferred under sub-section (3) of section 3 of the National Security Act, 1980, passed the order of detention in No. Cril/NSA/No. 5 of 2016 against the detenu namely Md. Farukh Khan 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 at the instance of one Yumnam Sunil @ Babusana joined armed underground organization Kanglei Yawol Kanba Lup (KYKL) as a member, the aim and object of said organization is to secede State of Manipur from the Union of India and to create a sovereign, independent State of Manipur. For the said purpose the members of the organization had been procuring arms and ammunitions and had been recruiting youngsters from various communities. In order to achieve objective the members of the organization did commit series of heinous crimes such as murder, dacoity, robbery, extortion, kidnapping for ransom etc. in different parts of Manipur. After joining the organization the detenu and also his other associates demanded money at the instance of self styled Capt. S. Gune Singh from schools, individuals, firms, coaching centre etc. In fact, they extorted money and deposited it with said Capt. S. Gune Singh who subsequently directed the detenu and his associates to hurl hand-grenade at the place of the person who ignore to pay them money. Accordingly, the detenu and others hurled a hand-grenade at Mayai Lambi Service station for which a case was registered as FIR Case No. 35(5) 16 WGI PS u/s. 400 of IPC and also u/s. 5 of Expl. Subs. Act. On 1.5.2016 one Yumnam Sunil @ Babusana and some other were arrested and on disclosure being made by them the detenu was arrested from his house on 2.5.2016 and was handed over to OC Wangoi PS with a written report upon which a case was registered as FIR case No. 37(5) 16 Wangoi PS u/s. 17/20 of UA(P) A Act and also u/s. 25(I-C) A Act as well as u/s. 5 of the Expl. Substance Act. The detenu was remanded in that case and also in other cases in which he was accused.

  3. On such ground, the respondent No. 1, after recording that the detenu will go on...

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