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[2] The present petition has been instituted on behalf of Shri Thokchom Romeschadra Singh @ Ayangba @ Nanao with the following prayer:
"To issue rule nisi directing the respondents to show cause as to why a writ in the nature of Habeas Corpus should not be issued and set aside the impugned order in Annexure - A/1 and A/4 to the petition and set the petitioner at liberty."
[3] The petitioner was arrested on 05.01.2024 in connection with FIR No. 02(01)2024 HNG-PS U/S 17/20 UA(P) Act and detained under the NSA by the District Magistrate, Imphal East (respondent No. 1 herein) vide order No. Cril/NSA No. 1 of 2024 dated 30.01.2024 and lodged in the Manipur Central Jail, Sajiwa on the allegation that he is an active member of the banned unlawful organization, KCP (Noyon) [KCP(N)] and a notoriously clever, hardened criminal/habitual offender who had carried out various prejudicial activities. The detention order dated 30.01.2024 (Annexure - A/1), is extracted herein below:
2 And whereas, the District Magistrate, Imphal East District, Manipur has submitted a report on the detention of the said person under section 3(2) to the Government vide her letter No. Cril/NSA/No.1 of 2024/142 dated 01.02.2024. Further the District Magistrate, Imphal East District, Manipur has furnished grounds for detention of the said person under Section 3(2) of the said Act to the Government vide her letter No. Cril/NSA/No. 1 of 2024/142 dated 01.02.2024; 3 And whereas, after having carefully considered grounds for detention furnished by the District Magistrate, Imphal East District, Manipur and being satisfied that his activities are prejudicial to the maintenance of Public Order is of the opinion that the grounds are P a g e 6 | 18 sufficient for the detention of the said person under Section 3(2) of the said Act and that the order of detention aforesaid made by the District Magistrate, Imphal East District, Manipur under Section 3(3) of the said Act is hereby approved by the Competent Authority; 4 Now, therefore, in exercise of the powers conferred under Section 3(4) of the said Act, the Governor of Manipur is pleased to approve the order of detention passed by the District Magistrate, Imphal East District, Manipur under No. Cri/NSA/No. 1 of 2024/136 dated 30.01.2024 and 31.01.2024.
The said representation dated 08.02.2024 for revocation of the detention order was rejected by the respondent No. 1 vide letter No. Cril/NSA/No. 1 of 2024, dated 13.02.2024. However, there was a delay while rejecting the representation in relation to the detention order. Operative portion of the said letter is extracted herein below:
"In inviting a reference to your representation dated 08.02.2024 addressed to the Chief Secretary, Government of Manipur forwarded by Inspector General of Police (Prisons), Manipur vide his letter No. 9/4/2022-IG(J)/3385 dated 08.02.2024 against the detention under NSA regarding the above subject, and to inform you that your representation has been considered carefully by the State Government and it has come to the conclusion that your request for revocation of the detention order cannot be acceded to as the representation is found to be devoid of merit."
It has been further submitted that the report as envisaged under Section 3(5) of the NSA, 1980, was forwarded by the State Government vide letter dated 08.02.2024. A copy of the same was received in the Ministry vide e-mail dated 09.02.2024. Thereafter, the Central Government considered the report as envisaged under Section 3(5) of the NSA, 1980 on 13.02.2024. After due consideration, it was felt that there was no reason to interfere with the aforesaid detention order. Further, there is no provision in the act which provides that the Central Government has to inform the detenu about the consideration of the report as envisaged under Section 3(5) of the NSA, 1980.