9911796707
TMI Blog2012 (1) TMI 200X X X X Extracts X X X X X X X X Extracts X X X X ..... ar 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 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 to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The main contention urged by Mr. Parikh appearing for the Appellant was that the personal life and liberty of a person was too precious to be allowed to be interfered with in the manner in which it had been done. Mr. Parikh submitted that as would be evident, the detention order was passed on a mere supposition that the Appellant's husband was likely to be released on bail in the near future in connection with the case in respect of which he had been arrested and that in view of such future apprehension, the detention order was sought to be legitimised. Mr. Parikh submitted that not only had the Appellant's husband not applied for bail at any stage, nor was there any indication that he intends to do so, which could give rise to the supposition that in the future there was every likelihood that he would be released on bail. Mr. Parikh submitted that supposition could never take the place of facts which were necessary to establish a case which warranted the detention of a person without any trial. 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 till ultimately an o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... show their awareness in this regard in the grounds of detention. The necessity of keeping such person in detention under preventive detention laws have to be clearly indicated. It was further observed that the subsisting custody of the detenu by itself does not invalidate an order of his preventive detention and the decision in this regard has to depend on the facts of each case. 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. 10. Mr. Parikh also referred to another decision of this Court in Haradhan Saha Vs. The State of West Bengal & Ors. [(1975) 3 SCC 198], wherein in the case of a preventive detention order passed under the Maintenance of Internal Security Act, 1971, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 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. 13. Having carefully considered the submissions made on behalf of respective parties, we are inclined to hold that the extra-ordinary powers of detaining an indiv ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
