Writ Petition (Cril) No. 55 of 2016. Case: Thangjang Vs The State of Manipur and Ors.. Manipur High Court

Case Number:Writ Petition (Cril) No. 55 of 2016
Party Name:Thangjang 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:Arms Act, 1959 - Section 25(IC); Indian Penal Code 1860, (IPC) - Section 400; 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 26.9.2016 passed by the District Magistrate, Senapati, 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/C/20/16 against the detenu namely Mr. Thangjang of Khunongphai village 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 the order of detention was passed are that the detenu joined the armed organization namely Kuki Revolutionary Army Unification) KRA(U) in the month of July, 2008 as a member. Thereupon, the detenu and other members of the said organization newly inducted, were imparted basic military training at Khangbron jungle. After completion of the training, the detenu was detained at the training Centre for doing routine camp work. Later on senior members started taking works from the detenu as courier. Subsequently, the detenu and his associates at the command of superior officer started extorting money from general public, contractors, shop keepers, Govt. officials located at Kangpokpi. The detenu while extorting money used to extend threat to the person not to report to police otherwise they will be killed. The detenu also started collecting levy from the truck drivers plying on NH-2.

    On 17.9.2016 the detenu was arrested by a column of 25th Assam Rifles, Kangpokpi as he was found in possession of arms and ammunitions and therefore he was handed over to Officer in-charge of Imphal P.S. with written report as well as the seized articles on the basis of which a case was registered FIR case No. 256(9) 16 IPS u/s. 400 of the IPC and also u/s. 25(I-C) of the Arms Act. Subsequently, the said case on being transfer to Kangpokpi PS was registered as FIR Case No. 39(9)16.

  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 26.9.2016 which was approved on 05.10.2017. The aforesaid order of detention and its approval have been challenged on several grounds.

  4. However, Mr. Sanajaoba, the learned counsel for the petitioner did confine his argument with respect to only one ground which is with...

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