Writ Petition (Cril) No. 57 of 2016. Case: K. Vareshang Vs The State of Manipur and Ors.. Manipur High Court

Case Number:Writ Petition (Cril) No. 57 of 2016
Party Name:K. Vareshang Vs The State of Manipur and Ors.
Counsel:For Appellant: Ph. Sanajaoba, Advocate and For Respondents: L. Monomala, Addl. G.A. and S. Rupachandra, A.S.G.
Judges:Rakesh Ranjan Prasad, C.J. and N. Kotiswar Singh, J.
Issue:Explosive Substances Act, 1908 - Sections 3, 4; Indian Penal Code 1860, (IPC) - Sections 307, 34, 429; National Security Act, 1980 - Section 3
Judgement Date:February 06, 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 11.11.2016 passed by the District Magistrate, Imphal East District, respondent No. 2, whereby and whereunder the respondent No. 2, in exercise of power conferred under sub-section (3) of section 3 of the National Security Act, 1980, passed the order of detention in Cril/NSA/No. 14/2016 against the detenu namely Mr. Phaningkhui Kapai @ Akhui 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 joined the armed underground organization namely National Socialist Council of Nagalim-Isak/Muivah faction (NSCN-IM) as a member in the in the year 2013. After joining, the detenu, at the instance of one Amos Anal, self styled Major and Town Commander, started working for the organization as courier. Subsequently the detenu, at the instance of said self styled Major, started extorting money from general public, businessman, shop keepers, contractors, etc. In Oct. 2013 said Amos Anal directed the detenu and his associates to plant a bomb at the residential quarter of the then Chairman, ADC, Ukhrul. Accordingly, the detenu and his associates, after planting it got it exploded for which a case was registered as FIR case No. 69(10)13 HNG PS u/s. 307/429/34 of the IPC and also u/s. 3 of the Expl. Subs Act.

    The detenu went on extorting money and whatever money was extorted, it was deposited with said Amos Anal. On 14.8.2015 the detenu and his associates planted a hand-grenade in the court-yard of the residence of one Haokholal Hangshing for which a case was registered as FIR No. 235(8)15 PPT P.S. u/s. 307/34 of the IPC and also u/s. 4 of the Expl. Substance Act. The detenu, after extorting money used to threat to the person not to report police otherwise they will be killed. The money extorted was used for procuring arms and ammunitions from foreign countries to wage war against the Govt. of India. On 28.10.2016 the detenu was arrested by police of Heingang P.S. and was remanded to the custody in connection with the aforesaid two cases.

  3. On such ground, the respondent No. 2, after recording that detenu would be indulging himself in the activities prejudicial to the maintenance of public order, passed order of detention on 10.11.2016 which was approved...

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