W.P.(Crl.)/20/2017 of JOUJAM KIPGEN Vs UNION OF INDIA on 21 December 2017

WP(Crl.) No. 20 of 2017

BEFORE HON’BLE THE ACTING CHIEF JUSTICE MR. N. KOTISWAR SINGH HON’BLE MR. JUSTICE KH. NOBIN SINGH

21.12.2017

(Acting CJ)

Heard Mr. BR Sharma, learned counsel for the petitioner. Heard also Mr. Y. Ashang, learned GA for the State as well as Mr. S. Samarjeet, learned CGC for the Union Respondent.

The present application has been filed challenging the order dated 22.08.2017 by which the petitioner has been detained under Section 3(2) of the National Security Act, 1980.

The grievance of the petitioner is that the petitioner had been already in jail before the detention order was passed under the NSA Act, 1980. This fact is also recorded in the grounds of detention dated 22.08.2017. However, nothing has been stated as to whether he is likely to be released on bail or not, either in the detention order or in the grounds of detention furnished to the petitioner.

Mr. BR Sharma, learned counsel for the petitioner submits that he did not file any bail application at the time of passing the detention order dated 22.08.2017. In that event, when the petitioner had not applied any application, the question of enlarging the petitioner on bail did not arise.

Therefore, in view of the judgment and order passed in Huidrom Konungjao Singh Vs. State of Manipur, (2012) 7 SCC 181 the application is allowed as the impugned detention order dated 22.08.2017 suffers from material defect as the subjective satisfaction arrived at by the detaining authority is without the relevant materials/basis.

Mr. Y. Ashang, learned GA submits that he may be allowed to file affidavit-in-opposition in 2/3 days.

This Court had passed the order on 01.12.2017 directing the State Respondents to file affidavit-in-opposition on the next date failing which it was ordered that the petition will be disposed of on the basis of the materials on record. Since the Respondents have not filed affidavit-in-opposition except Respondent no. 1, the matter is proceeded on the basis of the available materials. Accordingly, the petition stands allowed, by setting aside the detention order dated 22.08.2017 and other consequential orders.

The petitioner namely, Shri Satminsem Kipgen, S/o Shri Lhunmang Kipgen, a resident of Lhanghoi village, P.S.-Kangpokpi, District-Kangpokpi, Manipur is directed to be released forthwith unless he is not required to be detained in connection with any other case(s).

Sushil

JUDGE ACTING CHIEF JUSTICE