Writ Petition (Cril) No. 50 of 2016. Case: Thangkhumi Mizo Vs The State of Manipur and Ors.. Manipur High Court
| Case Number | Writ Petition (Cril) No. 50 of 2016 |
| Counsel | For Appellant: Th. Babloo, Advocate and For Respondents: Y. Ashang, Government Advocate |
| Judges | Rakesh Ranjan Prasad, C.J. and Kh. Nobin Singh, J. |
| Issue | Immoral Traffic (Prevention) Act, 1956 - Section 5(a)(d)(i); Indian Penal Code 1860, (IPC) - Sections 34, 370(3)(5), 373; National Security Act, 1980 - Section 3 |
| Judgement Date | January 16, 2017 |
| Court | Manipur High Court |
Judgment:
Rakesh Ranjan Prasad, C.J.
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This application has been filed for quashing of the order dated 22.08.2016 passed by the District Magistrate Thoubal (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 Case No. 3 of 2016 against the detenue Mrs. Thangkhumi Mizo @ Thangi after recording that in order to prevent the detenue from acting in any manner prejudicial to the security of the State and maintenance of public order, it has become necessary to do so.
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The grounds on which order of detention was passed are that the detenue, hailing from Mizoram, after the death of her husband shifted to Moreh and settled there by opening a pan shop. There she came in contact with one Mr. Pula Mizo and Mrs. Bawlte Mizo who had engaged themselves in the activities relating to human trafficking. The detenue also joined their companies whereupon the detenue used to procure girls particularly, from the area falling within the District of Churachandpur and used to hand over them to said Pula Mizo and Mrs. Bawlte Mizo for taking to Singapore for immoral purposes. For the said act the detenue was being paid commission.
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On 09.08.2016, while the detenue was taking three girls from Churachandpur to Moreh for trafficking to them to Singapore for the purpose of prostitution in a vehicle it was intercepted by the Police who apprehended the detenue. Thereupon a case was registered as FIR No. 20(08) 2016 Women Police Station, Thoubal under Section 370(3)(5)/373/34 of the IPC and 5(a)(d)(i) of the Immoral Trafficking (P) Act, 1956.
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On such ground, the respondent No. 2 after recording that detenue would continue to act in the manner prejudicial to the maintenance of public order, passed order of detention on 22.08.2016 which was approved on 02.09.2016. The aforesaid order of detention and its approval have been challenged on several grounds.
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However, Mr. Th. Babloo, learned counsel for the petitioner did confine his argument with respect to only one ground which is with regard to materials being absent for recording the satisfaction by the detaining authority that there is every possibility of the detenue being released on bail. In this regard, it was submitted that the detaining authority has passed order that there has been likelihood of detenue being released on bail but for recording such satisfaction...
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