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Judgment
Heard Shri Ph. Sanajaoba, the learned counsel appearing for the petitioner; Shri Th. Vashum, the learned Government Advocate appearing for the State respondents and Shri S. Rupachandra, the learned ASG appearing for the Union of India.
In this writ petition, the order of detention dated 16-02-2017 passed by the District Magistrate, Imphal East District, Manipur which has been approved and confirmed vide orders dated 26-02-2017 and 06-04-2017 issued by the State Government, is being challenged by the petitioner.
1. The facts of the case, as narrated in the grounds of detention dated 17-02-2017, are that the detenu joined the armed gang, namely, the Kuki National Front-Nehlun faction (referred to hereinafter as "the KNF-N") as a member in the year, 2016 through Mr. Paosei Guite @ Seiboi @ Max who is an important leader of the KNF(N). The aim and objective of the KNF(N) is to bring Kukis under one administrative unit called "Zalengam" (Land of Freedom) by amalgamating all the Kukis inhabited within India and abroad. In order to achieve their objective, the KNF-N started procuring arms and ammunition from foreign countries and recruited youngsters from Kuki communities in Manipur who committed a series of heinous crimes such as murder, dacoity, robbery, extortion, kidnapping for ransom etc. in different parts of Manipur. The ring leaders of the KNF-N sought foreign assistance and established links with countries like Bangladesh, Myanmar, Pakistan and other countries which are inimical to India to indulge in a series of prejudicial activities affecting the maintenance of public order. 3.2. After joining the KNF-N, the detenu came in contact with other members and started working with them under the command of Mr. Paosei Guite @ Seiboi @ Max and as directed by Mr. Seiboi, the detenu transported arms and ammunitions from one place to another for using the same by the cadres of the KNF(N) in carrying out prejudicial activities. The detenu along with his associates under the command of Mr. Seiboi @ Max started extorting money from the general public, businessmen, Government employees, contractors, proprietors of private firms located in certain areas of Imphal East, Imphal West and Senapati District for raising fund for their organisation. While extorting money, the detenu with his associates threatened the victims not to report the matter either to the police or to the security forces, lest they would be killed.
3.3. On 25-01-2017 at 06:00 p.m. the detenu along with his associates kidnapped Shri Ganesh Kairi from construction canal near Sinam Village and kept him confined in the forest of Khopibung and neighbouring villages escorted by him and his associates for which a case under FIR No.2(01)2017 Sagolmang-PS u/s 264A/365 & 34 IPC was registered by the police. On 01-02-2017 at 11:00 a.m. the detenu was arrested by a police team of CDO/ Imphal East led by Jem. K. Ibungobi Singh of 7th IRB from a place of Khopibung hill near Khopibung village and two mobile handsets were recovered from his possession and the same were seized by observing due procedure prescribed in law. On 02-02-2017 at 04:30 p.m. the detenu, along with the seized articles, was handed over to OC/Sagolmang P.S. with a written report and on the strength thereof, the OC/ Sagolmang PS registered a regular case under FIR No.3(02)2017 Sagolmang PS u/s 400 IPC and commenced the investigation, during the course of which the detenu was arrested and remanded to police custody on 08-02-2017 and on the same day, he was formally arrested in connection with the said FIR No.2(1)2017 Sagolmang PS u/s 364A/365 & 34 IPC and while in custody, the order of detention was passed by the District Magistrate.
Although various grounds have been taken in the present petition, Shri Ph. Sanajaoba, the learned counsel appearing for the petitioner has confined his argument only in respect of the ground which relates to the delay in the disposal of the detenu''s representation by the State Government as well as the Central Government. The contention of the learned counsel appearing for the petitioner is that the detenu submitted his representation to the District Magistrate, the respondent No. 2 herein on 20-02-2017 requesting him to forward the same to the State Government and the Central Government. By the said representation, the District Magistrate was further requested to furnish the details of the persons from whom the detenu is alleged to have extorted money. But till the date of filing the instant writ petition, the District Magistrate failed to furnish the details as requested by the detenu. On 03-03-2017 the District Magistrate informed the detenu that his representation had been considered and rejected by him. Thereafter, the detenu was served with a letter dated 23-03-2017 by the State Government informing him that his representation had been considered and his request for revocation of the detention order had not been acceded to as the same was found to be devoid of merit. On perusal of the said letter dated 23-03-2017, the detenu came to know that the State Government considered and rejected his representation on 23-03-2017 only after an inordinate delay of 21 days without any explanation. The Union of India has not intimated nor has it considered the representation of the detenu till the date of filing the petition.
In the affidavit filed on behalf of the State Government, there is no any whisper about the delay, leave alone the explanation for the delay in the disposal of his representation. So far as the Union of India is concerned, it has been stated in its affidavit that the representation of the detenu which was forwarded by the Under Secretary (Home), Government of Manipur vide its letter dated 23-03-2017, was received by the concerned Section of the Ministry of Home Affairs, Government of India on 03-04-2017 and after the file being moved quickly from one officer to another, the same was forwarded to the Deputy Legal Advisor on 03-04-2017 itself. On 05-04-2017 the Joint Secretary, Internal Security-II, forwarded the said file, along with his comment, to the Union Home Secretary who after having duly considered the order of detention, grounds of detention, representation of the detenu and comments of the detaining authority, rejected his representation on 30-04-2017 and returned the file thereafter which reached the Section on 02-05-2017 and accordingly, a wireless message dated 03-05-2017 was sent to the Secretary (Home), Government of Manipur and the detenu informing that his representation had been considered and not acceded to by the Central Government.
The learned counsel appearing for the petitioner has submitted that since there is no explanation at all for the delay in the disposal of the detenu''s representation as aforesaid, the order of detention is bad in the eyes of law and is accordingly liable to be quashed and set aside. In order to substantiate his contention, he has relied upon the judgment and order dated 26-04-2017 passed by this court in FM Sharif Vs. State of Manipur, W.P. (Cril.) No. 2 of 2017 wherein this court, based on the law laid down by the Hon''ble Supreme Court in Mahammad Akhlaq Vs. District Magistrate, Meerut, set aside the detention order on the ground that no reasonable explanation had been given by the Central Government. His contention has some force for the reason that although the detenu''s representation was received by the State Government on 02-03-2017, the same was rejected only on 23-03-2017 without any explanation at all. Similar is the case with the Union of India that the detenu''s representation which was received on 03-04-2017, was rejected on 30-04-2017 without any explanation. We are of the view that the issue involved herein is covered by the earlier decision of this court referred to hereinabove and therefore, the order of detention, impugned herein, is not sustainable in law.
For the reasons stated hereinabove, the instant writ petition is allowed and consequently, the detention order dated 16-02-2017 is quashed and set aside with the direction that the detenu, Shri Thomas Leminthang Guite (27 years), S/o Shri Thangjapao Guite, Khopibung Village, P.S Sagolmang, District-Kangpokpi, Manipur shall be released forthwith, in case he is not required by the police in connection with any other case.