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Preventive Detention and Personal Liberty and Link to the Past Isolated Act 2011 Sc

Preventive Detention and Personal Liberty and Link to the Past Isolated Act 2011 Sc

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The State has been granted the power to
curb such rights under 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.
The State has been granted the power to
curb such rights under 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.

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01/12/2012

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REPORTABLE
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTIONCRIMINAL APPEAL NO. 26 OF 2012(Arising out of SLP(Crl) No.7926 of 2011)YUMMAN ONGBI LEMBI LEIMAAPPELLANT Vs.STATE OF MANIPUR & ORS. RESPONDENT
J U D G M E N T ALTAMAS KABIR, J.
1.Leave granted.2.Under the Detention Order No.Cril/NSA/No.10 of2011, Imphal, the 31
st
January, 2011, issued by the
 
District Magistrate, Imphal West District, Manipur,the Appellant’s husband, Yumman Somendro @ Somo @Tiken, was detained under the provisions of theNational Security Act, 1980. The said detentionorder was approved by the Governor of Manipur on 7
th
February, 2011, in exercise of his powers conferredunder Section 3(4) of the aforesaid Act. The orderof the Governor of Manipur dated 18
th
March, 2011,confirming the detention order passed against thehusband of the Appellant and fixing the period ofdetention for 12 months on the subjectivesatisfaction of the detaining authority that thedetenu was likely to be released on bail by thenormal criminal Courts in the near future, waschallenged on behalf of Yumman Somendro in theGauhati High Court (Imphal Bench), but withoutsuccess. This Appeal is directed against the saidorder of the High Court and the order of detentionitself. Earlier, the Appellant’s husband had been
2
 
arrested on 21
st
March, 1994 in connection with FIRNo.478(3)1994 IPS u/s 13 Unlawful Activities(Prevention) Act, but was released on bail by thenormal criminal Court. Despite the above, again on29
th
June, 1995, the Appellants husband wasarrested in connection with FIR No.450(6)95 underChurachandpur P.S. under Sections 386 and 34 IPC.Though he was released on bail by the normalcriminal Court, he was again arrested under Section13 UA (P) Act in connection with FIR No.190(5)98and was released on bail on 8
th
July, 1998. Afterbeing released on bail by the normal CriminalCourt, Yumman Somendro was again arrested on 16
th
January, 2011, in connection with FIR No.21(1)11IPS under Section 302 IPC for the alleged murder ofthe then Chairman of the Board of SecondaryEducation, Manipur, Dr. N. Kunjabihari Singh. TheAppellants husband was produced before theMagistrate on 17
th
January, 2011, who remanded him
3

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