TMI Blog2012 (1) TMI 200X X X X Extracts X X X X X X X X Extracts X X X X ..... ional 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing authority was also aware that the detenu was in custody and was likely to be released on bail. The detaining authority, therefore, was of the view that the detention of the detenu was required in order to prevent him from acting in a manner prejudicial to the maintenance of public order as he was likely to be released on bail in the near future by the normal criminal Courts. On the aforesaid reasoning, the Division Bench of the High Court dismissed the Writ Petition filed by the detenu's wife. 6. 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 i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sidering the delay in disposal of a representation in the matter of preventive detention, this Court noticed that when the detenu was already in custody, the anticipated and apprehended acts were practical impossibilities, as was the case as far as the Appellant's husband is concerned. This Court further observed that as far as the question relating to the procedure to be adopted in case the detenu is already in custody is concerned, the detaining authorities would have to apply their minds and 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur, in his office room on 11th January, 2011. Mr. Gupta submitted that it was subsequent to the 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder criminal laws as also under the laws of preventive detention, which, therefore, are required to be exercised with due caution as well as upon a proper appreciation of the facts as to whether such acts are in any way prejudicial to the interest and the security of the State and its citizens, or seek to disturb public law and order, warranting the issuance of such an order. An individual incident of an offence under the Indian Penal Code, however heinous, is insufficient to make out a case for issuance of an order of preventive detention. 16. In our view, the detaining authority acted rather casually in the matter in issuing the order of detention and the High Court also appears to have missed the right to liberty as contained in Article 21 of the Constitution and Article 22(2) thereof, as well as the provisions of Section 167 of the Code of Criminal Procedure. 17. The Appeal must, therefore, succeed. The impugned order of detention dated 31st January, 2011, passed by the District Magistrate, Imphal 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 Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
