Pebam Ningol Mikoi Devi vs State Of Manipur And Ors

counsel for the parties to the lis, we had directed the release of the detenu, since we were satisfied that the appellant prima- facie had made out a case for release of the detenu. Now we 1 give our reasons for allowing this appeal in support of our pre-emptory order.

6) The facts of this case, in a nutshell, are that the detenu was the Editor of a Manipuri Daily evening paper named `Paojel', having its printing press at Keisamthing Top Leirak, Manipur. The assertions and allegations leading to his detention, as stated in the Grounds of Detention order passed by the District Magistrate dated 28/09/2009, are that the detenu could not get enough money from his press to maintain it or support his family, particularly due to the high rates of essential commodities in Manipur. Therefore, in 2003, he contacted Mr. Irom Priyobarta Singh @ Naocha with the intention of earning money without labour. From July 2003, he was in touch with Mr. Ratan @ Inao @ N. Ibochouba Singh, who was the Finance in-Charge of the United National Liberation Front (UNLF), Imphal West, after discussion with whom he decided to get involved in extorting money from contractors and engineers of Public Health Engineering Department ("PHED" for short) and Forest Department of Manipur Government by delivering demand letters which he printed in his own press. He and Mr. Irom Priyobarta Singh were to receive a 10% share of the 4 extortion money. They accordingly started carrying out such extortion by printing these demand letters in his press and delivering them to the aforementioned contractors and engineers, and even issued threats to them not to report the matter to the Security Forces. This extortion resulted in a terror wave in the general public which is prejudicial to the maintenance of public order. The Grounds also pointed out that the UNLF is an unlawful association (declared so vide Gazette of India Notification, under No. S.O. 1992(E), dated 13/11/2007) which looks to create an independent, sovereign State of Manipur by seceding from the Union of India, and that the said organization has involved itself in procuring arms and ammunitions from foreign countries, recruiting youngsters, and committing heinous crimes such as murder, dacoity, extortion, kidnapping for ransom etc.

7) Further, it is pointed out that on 17/09/2009 at 8 PM, a team of CDO/IW led by S.I. T. Khogen Singh came to the detenu's house as disclosed by Mr. Irom Priyobarta Singh, arrested him, and seized after observing due formality `10,04,000/- from him, as well as one Nokia handset from Mr. Irom Priyobarta Singh. An F.I.R. No. 183(9)09 SJM-P.S. was registered under Section 5 17/20 of the Unlawful Activities (Prevention) Act, 1967, and the detenu was arrested on 18/09/2009 and remanded into police custody till 24/09/2009. On 24/09/2009, he was presented before the Magistrate for judicial remand, and the detention order passed by the District Magistrate, Imphal West, was served on him. The Grounds of Detention were served on him on 28/09/2009, as required under Section 8 of the National Security Act.

8) The version of the detenu, on the contrary, as emerges from his Representation made to the Secretary, Ministry of Home Affairs, Government of India, as well as to the Chief Secretary, Manipur State, and the District Magistrate, Imphal West on 09/10/2009, is that he was indeed the editor of `Paojel', an evening daily, which was established on 08/04/2006. On 17/09/2009 at about 4:30 PM, Mr. Irom Priyobarta Singh @ Naocha, who was a `locality brother', brought to his residence a sum of `10,04,000/- for safe keeping, which he claimed was received for contract work, and which the detenu bona fide believed, and kept the money with him. The detenu then claims that at around 8:30 PM on the same day, police personnel of CDO, Imphal West, along with Mr. Irom Priyobarta Singh, 6 came to his residence and asked him to hand over the money, which he did. On 18/09/2009, i.e. the next day, he was told to report to the Officer in-Charge of the CDO, Imphal West, where he asserts he was interrogated regarding the money and forced to sign on a back dated Seizure Memo for 17/09/2009, as well as a back dated Arrest Memo. He was then detained and handed over to the Singjamei Police Station, where he was told that he was made a co-accused with Mr. Irom Priyobarta Singh, and a police case F.I.R. No. 183(9)09 SJM-P.S. was registered under Section 17/20 of the Unlawful Activities (Prevention) Act, 1967. Then, on 19/09/2009, he was remanded to police custody till 24/09/2009, when he was produced before the Magistrate for judicial remand, and the detention order passed by the District Magistrate, Imphal West, was served on him, which was followed by the Grounds of Detention given to him on 28/09/2009 at his cell at Manipur Central Jail, Sajiwa. He denies all the allegations made against him in the Grounds for Detention, claiming that he was not in any way involved with the UNLF or any of its associated cadres, that he started the press only in 2006 and could not have been involved in printing demand letters since 2003, that he did not even know Mr. Ratan 7 @ Inao @ N. Ibochouba Singh, that the arrest and seizure was not done on 17/09/2008, but actually on 18/09/2009, and that he has not committed any acts so as to disturb the maintenance of public order and cause prejudice to the security of the State in any manner so as to have the NS Act invoked against him.

9) The Representation made by the detenu was rejected by State of Manipur on 03.10.2009. The Advisory Board constituted under Section 9 of the Act opined that there was sufficient cause for detention of the husband of the appellant under the National Security Act. The Governor of Manipur, in exercise of the power conferred under Section 12(1) of the Act, has approved the opinion expressed by the Advisory Board and has ordered that the detention of the husband of the appellant made by the District Magistrate, Imphal West District, dated 24.09.2009,and fixed the period of the detention for 12(twelve) months from the date of detention by his order dated 07.11.2009. There was delay in forwarding the Representation of the detenu to the Government of India. It was filed on 09/10/2009 and it was forwarded to the Central Government on 16/10/2009 by the State Government and received only on 28/10/2009, before 8 being finally rejected by the Central Government on 03/11/2009.

10) The detention order was questioned before the Gauhati High Court in W.P. (Crl.) No.111/2009. The Court in the course of its order has noticed the main contention of the petitioner (who is the appellant in this appeal). They are: (1) the allegations made in the detention order are vague and irrelevant and not sufficient to deprive the detenu of his fundamental rights guaranteed under Art. 22(5); (2) there are no cogent materials upon which the subjective satisfaction of the detaining Authority that the detenu was likely to be released on bail was arrived at; (3) there was a delay of 6 days in forwarding representation to the Central government. (4) All the procedural requirements of Article 22 are mandatory in character and even if one of the procedural requirements is not complied with, the order of detention would be rendered illegal.

(emphasis supplied) (Para 6).

28) In light of the fact that none of the documents relied on by the detaining Authority in passing the detention order can be deemed to be pertinent, and the fact that the delay has remained unexplained, there is sufficient ground made out in order to quash the order of preventive detention made against the detenu.

30) As a result of our above discussion, we cannot sustain the impugned judgment and order of the High Court and the order of detention passed by the detaining authority. Accordingly, the appeal is allowed. The impugned order of the High Court and the order of detention passed by the detaining authority are set aside. Ordered accordingly.