Writ Petition (Cril) No. 54 of 2016. Case: Letkhohao Haokip Vs The District Magistrate, Imphal East District and Ors.. Manipur High Court

Case Number:Writ Petition (Cril) No. 54 of 2016
Party Name:Letkhohao Haokip Vs The District Magistrate, Imphal East District and Ors.
Counsel:For Appellant: S. Rajeetchandra, Advocate and For Respondents: Th. Vashum, Addl. G.A. and S. Rupachandra, A.S.G.
Judges:Rakesh Ranjan Prasad, C.J. and Kh. Nobin Singh, J.
Issue:Indian Penal Code 1860, (IPC) - Sections 34, 384, 400; National Security Act, 1980 - Section 3
Judgement Date:February 17, 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 22.09.2016, passed by the District Magistrate, Imphal East, respondent No. 1 in CRIL/NSA/No. 5 of 2016, 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 against the detenu, namely, Mr. Letkhohao Haokip @ Tingtong Kuki @ TT Kuki.

  2. The grounds, on which the order of detention was passed, are that the detenu joined an armed organization namely, Pakan Re-unification Army (PRA in short) as a member in the year 2011. After joining the said organization, the detenu under the command of one Jamkhogin Haokip started extorting money from general public for raising fund. In January 2014, some of the members of KNA (I) kidnapped 2 (two) labourers for ransom. In that case, the detenu and his associates played an active role, to reduce the amount of extortion by making negotiation. For the said occurrence, a case was registered in which the petitioner was arrested and remanded to police custody, and then, to judicial custody. At the same time, a detention order was also passed against him. Subsequently, when the order of detention was revoked, and the detenu was released on bail, he joined another armed organization, namely, Kuki People's Liberation Front/Kuki People's Liberation Army (KPLF/KPLA). After joining, the petitioner indulged himself in transporting arms and ammunitions from Moreh to Imphal.

    On 17.11.2015, the detenu was arrested along with his associates in connection with a case registered as FIR No. 412(11) 2015 Lamphel-PS under Section 400/34 of the Indian Penal Code. The appellant was remanded to judicial custody, but later on, he was released on bail. After some time, the detenu remained quiet but again from January 2016, the detenu started indulging himself in extorting money from general public, businessmen, Government employees etc. On 18.06.2016, when the detenu was apprehended by CDO, the detenu was found in possession of certain incriminating materials which were seized, and as such the CDO Imphal East handed over the custody of the detenu along with written report and incriminating articles, on the basis of which a case was registered as FIR No. 150(6) 2016 Porompat-PS under Section 400/384 of the Indian Penal Code.

  3. On such grounds, the respondent No. 1, after recording that the detenu would be...

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