Yumman Ongbi Lembi Leima vs State Of Manipur & Ors

2. Under the Detention Order No.Cril/NSA/No.10 of 2011, Imphal, the 31st January, 2011, issued by the 2 District Magistrate, Imphal West District, Manipur, the Appellant's husband, Yumman Somendro @ Somo @ Tiken, was detained under the provisions of the National Security Act, 1980. The said detention order was approved by the Governor of Manipur on 7th February, 2011, in exercise of his powers conferred under Section 3(4) of the aforesaid Act. The order of the Governor of Manipur dated 18th March, 2011, confirming the detention order passed against the husband of the Appellant and fixing the period of detention for 12 months on the subjective satisfaction of the detaining authority that the detenu was likely to be released on bail by the normal criminal Courts in the near future, was challenged on behalf of Yumman Somendro in the Gauhati High Court (Imphal Bench), but without success. This Appeal is directed against the said order of the High Court and the order of detention itself. Earlier, the Appellant's husband had been 3 arrested on 21st March, 1994 in connection with FIR No.478(3)1994 IPS u/s 13 Unlawful Activities (Prevention) Act, but was released on bail by the normal criminal Court. Despite the above, again on 29th June, 1995, the Appellant's husband was arrested in connection with FIR No.450(6)95 under Churachandpur P.S. under Sections 386 and 34 IPC.

Though he was released on bail by the normal criminal Court, he was again arrested under Section 13 UA (P) Act in connection with FIR No.190(5)98 and was released on bail on 8th July, 1998. After being released on bail by the normal Criminal Court, Yumman Somendro was again arrested on 16th January, 2011, in connection with FIR No.21(1)11 IPS under Section 302 IPC for the alleged murder of the then Chairman of the Board of Secondary Education, Manipur, Dr. N. Kunjabihari Singh. The Appellant's husband was produced before the Magistrate on 17th January, 2011, who remanded him 4 to police custody till 31st January, 2011. On the said date, he was further remanded to police custody till 2nd February, 2011, and when he was produced before the Chief Judicial Magistrate in connection with the said case, he was served with a copy of the detention order dated 31st January, 2011, issued by the District Magistrate, Imphal West, under the National Security Act, 1980.

3. On 31st January, 2011, the Appellant's husband was served with the grounds of detention under the National Security Act, 1980, under the authority of the District Magistrate, Imphal West. Along with the said order, copies of the documents on which the detaining authority had relied on to arrive at the conclusion that the detention of the Appellant's husband was necessary, was also served on him.

7. Mr. Parikh pointed out that Yumman Somendro had been arrested in connection with several cases, but had been released on bail in all the said cases 8 till ultimately an order of detention was passed against him under the National Security Act, 1980, on the flimsiest of excuses. Mr. Parikh submitted that if at all the Appellant's husband was alleged to have committed a crime which was punishable under the Indian Penal Code, the same could not be equated with the national security in any way, which warranted the issuance of a detention order under the National Security Act, 1980.

Mr. Gupta submitted that it was subsequent to the 14 murder of Dr. N. Kunjabihari Singh that on 31st January, 2011, the order of detention was passed under Section 3 of the aforesaid Act and was served on the Appellant's husband, while he was in judicial custody, on 2nd February, 2011. It was also submitted that thereafter the grounds of detention were provided to the Appellant's husband, as required under Section 8 of the above-mentioned Act to enable him at the earliest opportunity of making a representation against the order to the appropriate Government. The detention order was considered by the State Government which approved the same on 7th February, 2011, and the representation made by Yumman Somendro to the State Government was rejected on 10th February, 2011. The matter was, thereafter, referred to the Advisory Board which came to the conclusion that since Yumman Somendro was a member of the banned organization, Kanglei Yaol Kanna Lup, he was a 15 potential danger to society, whose activities were prejudicial to the maintenance of public order and there was a likelihood that he would continue such activities the moment he was released from detention and accordingly he should be detained for the maximum period of 12 months, as provided under Section 13 of the Act. Mr. Gupta submitted that since the detention order was to end on 31st January, 2012, there could be no reason to interfere with the same prior to its dissolution by efflux of time.

However, preventive detention being necessary to prevent the detenu from acting in any manner prejudicial to the security of the State or to the maintenance of public order or economic stability, ordinarily it is not needed when the detenu is already in custody and the detaining authority must be reasonably satisfied with cogent materials that there is likelihood of his release and in view of his antecedent activities which are proximate in point of time, he must be detained in order to prevent him from indulging in such prejudicial activities.

17. The Appeal must, therefore, succeed. The impugned order of detention dated 31st January, 2011, passed by the District Magistrate, Imphal 19 West District, Manipur, in regard to the detention of Yumman Somendro @ Somo @ Tiken son of Y. Roton Singh, is hereby quashed. The Appeal accordingly succeeds. Let the Appellant's husband, Yumman Somendro, be released from custody, if he is not required in connection with any other case.