IMPHAL, September 10: In a landmark judgement and the first of its kind, six underground cadres from different organisations booked and jailed under the National Security Act NSA, were released today following an order given by Gauhati High Court which quashed the detention order.
The order was passed by Justice TK Sharma today.
Reliable sources told IFP, the released NSA detenues from different underground organisations include Koijam Jiten Singh, 41, son of (late) K. Koireng, Kiyamgei Mamang Leikai, Paonam Shanta Singh, 42, son of (late) P. Gandhar Singh of Lilong Chajing Karam Makha Leikai, Ch Bobicha Singh, M. Michael Singh, Hidam Suraj, 27, son of H Rajo Singh of Uchekon Khunou near Dam and Dijinlung Kamei, alias Achin, 27, son of Lukhangtimpou Kamei of Rengdailong Loktak Project.
Among them, Koijam Jiten, Paonam Shanta, Ch Bobicha, M Michael and Hidam Suraj were arrested by police on charges of being a PREPAK activist earlier on 21 January and 9 February.
Hidam Suraj was caught by Irilbung Police station on 21 January and a case with FIR no 27(1)2012 IRILBUNG PS U/S 17&20 UA (P) Act 5 Explosive Substance Act and detained under NSA.
While the rest, K Jiten, P Shanta, Ch Bobicha and M Michael were arrested by Imphal Police station on 9 February and a case with FIR no 100 (2)2012 IPS U/S 16 & 20 UA (P) Act and 25 Explosive Substance Act and detained under NSA.
While Dijenlung Kamei was arrested by Bishnupur district police commando on 11 December and a case with FIR no 65 (8) 2011 Heingang police station U/S 302/307/326/427/34 IPC & 3 Explosives Substance Act and detained under NSA. D Kamei belongs to NSCN (I-M) and was reportedly involved in the bomb explosion at Sangakpham area on 1 August.
Reliable sources further said, the six were released as per the reference of the directives in a criminal appeal no 840 of 2012 dated 17 May 2012 of the Supreme Court in the case between Huidrom Konungjao Singh Vs State of Manipur & Others.
The six were released as per article 14 of the judgement given by the Supreme Court and it states: “In the instant case, admittedly, the said bail orders do not relate to the co-accused in the same case. The accused released in those cases on bail had no concern with the present case.
Merely, because somebody else in similar cases had been granted bail, there could be no presumption that in the instant case had the detainee applied for bail could have been released on bail.
Thus, as the detenue in the instant case has not moved the bail application and no other co-accused, if any, had been enlarged on bail, resorting to the provisions of Act was not permissible.
Therefore, the impunged order of detention is based on mere ipse dixit statement in the grounds of detention and cannot be sustained in the eyes of law.”
However, the order to release the six detenue is applicable only to the specific charges made by the police and if they are related to any other charges with any other police station, it will be a different story and a different case.