Mutum Manaocha Singh @ Khullakpa vs District Magistrate/Detaining … on 9 March, 2026

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    Manipur High Court

    Mutum Manaocha Singh @ Khullakpa vs District Magistrate/Detaining … on 9 March, 2026

    Author: A. Bimol Singh

    Bench: A. Bimol Singh

                  Digitally signed by
    KHOIROM KHOIROM
    BIPINCHAN BIPINCHANDRA
              SINGH                                                              REPORTABLE
    DRA SINGH Date: 2026.03.10
              02:01:51 +05'30'
                                                                                       Item No. 7
    
                                        IN THE HIGH COURT OF MANIPUR
                                                  AT IMPHAL
    
    
                                             W.P.(CRL) No. 30 of 2025
    
    
    
                             Mutum Manaocha Singh @ Khullakpa, aged
                             about 41 years, S/o Late M. Tolpishak Singh,
                             resident of Tronglaobi Makha Leikai, P.O. & P.S.
                             Moirang, Bishnupur District, Manipur
                                                                                 ... Petitioner
    
    
                                                       - Versus -
    
    
                             1.   District Magistrate/Detaining Authority,
                             P.O. & P.s. Bishnupur, Bishnupur District,
                             Manipur - 795126.
    
                             2.    The State of Manipur, represented by the
                             Chief Secretary, Government of Manipur, South
                             Block, Imphal - 795001.
    
                             3.    Union of India, represented by the
                             Secretary, Ministry of Home Affairs, Department
                             of Home Internal Security North Block, New
                             Delhi - 110001.
    
                             4.    Superintendent of Manipur Central Jail
                             Sajiwa, P.O. Lamlong, P.S. Porompat, Imphal
                             East District, Manipur - 795114.
    
                                                                            ... Respondents
    
    
    
                                                                                P a g e 1 | 15
                         BEFORE
          HON'BLE THE CHIEF JUSTICE MR. M. SUNDAR
            HON'BLE MR. JUSTICE A. BIMOL SINGH
    
    
    For the petitioner        :    Mr. M. Ibotombi, Advocate.
    For the respondents       :    Mr. Phungyo Zingkhei, Deputy
                                   Government Advocate, led by Mr.
                                   Y. Ashang, Senior Advocate for R-
                                   1, R-2 & R-4.
                              :    Mr. W. Darakishore, Senior Panel
                                   Counsel for Central Government
                                   for R-3
    Date of hearing           :    09.03.2026
    Date of judgment & order:      09.03.2026
    
    
    
                          JUDGMENT & ORDER
                               (ORAL)

    [M. Sundar, CJ]

    [1] In captioned writ petition (WP), Mr. M. Ibotombi,

    SPONSORED

    learned counsel for sole petitioner, Mr. Phungyo Zingkhei,

    learned Deputy Government Advocate on record for

    ‘respondents No. 1, 2 & 4’ (‘R-1, R-2 & R-4’ for the sake of

    brevity and convenience) led by Mr. Y. Ashang, learned senior

    advocate and Mr. W. Darakishore, learned senior Panel Counsel

    for Central Government (PCCG) for ‘respondent No. 3’ (‘R-3’ for

    the sake of brevity and convenience) are before this Court.

    P a g e 2 | 15
    [2] Main WP was heard out and this order is to be read

    in continuation of and in conjunction with proceedings made by

    this Court in listings on 15.10.2025 and 20.01.2026 which read

    as follows:

    Proceedings dated 15.10.2025 :

    ‘[1] Mr. S. Premchand, learned counsel for writ
    petitioner is before this Court on the VC platform.
    [2] Learned counsel for writ petitioner submits that
    a preventive detention order dated 12.07.2025 made
    by 1st respondent (District Magistrate, Bishnupur) has
    been assailed by the detenu.

    [3] To be noted, the afore-referred preventive
    detention order shall be referred to as ‘impugned
    preventive detention order’ and ‘1 st respondent’ shall
    be referred to as ‘detaining authority’ (both for the
    sake of convenience and clarity).

    [4] Learned counsel for writ petitioner submits that
    the detenu himself is the writ petitioner, detenu was
    arrested on 24.06.2025, remanded to police custody
    till 29.06.2025, thereafter remanded to judicial
    custody and while the petitioner remained
    incarcerated, the impugned preventive detention
    order came to be passed.

    [5] In his campaign against the impugned
    preventive detention order, learned counsel pointed
    out that the impugned preventive detention order has
    been made while the detenu was incarcerated but it
    does not record subjective satisfaction of imminent
    possibility of detenu being enlarged on bail. It is also
    submitted that no bail application is pending as the

    P a g e 3 | 15
    bail application presented at the time of being
    produced before the NIA Court on 29.06.2025 was not
    pressed. In other words, after 29.06.2025, no bail
    application has been filed and none is pending is
    learned counsel’s submission.

    [6] Prima facie case is made out.

    [7] Issue notice to respondents.

    [8] Mr. Sh. Yangya, learned State counsel, accepts
    notice for respondent Nos. 1, 2 & 4. As regards
    respondent No. 3, learned counsel for writ petitioner
    is permitted to serve on the standing counsel for
    Union of India.

    [9] Mr. Sh. Yangya, learned State counsel who
    accepted notice for respondent Nos. 1, 2 & 4, requests
    for two weeks’ time to get instructions and revert to
    this Court. Request acceded to.

    List on 05.11.2025.’

    Proceedings dated 20.01.2026 :

    ‘[1] Mr. S. Rajeetchandra, learned counsel for
    petitioner, Mr. Y. Ashang, learned Sr. counsel instructed
    by Mr. W. Niranjit, learned State counsel for respondent
    Nos. 1, 2 & 4 and Mr. W. Darakeshwar, learned Sr. Panel
    Counsel for Central Government (PCCG) for respondent
    No. 3 are before us in the physical Court.
    [2] After some arguments, Mr. W. Niranjit, learned
    State counsel and Mr. W. Darakeshwar, learned Sr.
    PCCG, sought time to get instructions more particularly
    with regard to a Notification dated 13.11.2023 bearing
    Reference No. S.O. 4899(E). This notification is under
    Section 3 of ‘the Unlawful Activities (Prevention) Act,

    P a g e 4 | 15
    1967 (37 of 1967)’ (‘UAPA’ for the sake of convenience)
    subject to Section 4 of UAPA.

    [3] Be that as it may, we deem it appropriate to
    record that respondent No. 3 has filed an affidavit-in-
    opposition but as regards respondent Nos. 1, 2 & 4, Mr.
    Y. Ashang, learned senior counsel instructed by Mr. W.
    Niranjit, learned State counsel, submitted that he would
    argue the matter on the basis of file produced in the
    Court without filing an affidavit-in-opposition. Therefore,
    the main matter was taken up with the consent of all
    counsel before us and afore-referred request by both
    State counsel was made after some hearing.
    [4] The file produced by learned State counsel, Mr.
    W. Niranjit shall remain in the custody of Registrar
    (Judicial) of this Court in a sealed envelope and the
    sealed envelope will be placed before this Court in the
    next listing which shall be day after tomorrow.

                  [5]     List on 22.01.2026.'
    
    
    [3]            The afore-referred proceedings are now to be read
    
    

    as an integral part and parcel of instant order. This also means

    that the abbreviations, short forms and short references used

    in the earlier two proceedings shall continue to be used in this

    order also.

    [4] Notwithstanding very many grounds i.e. myriad

    grounds in writ petition, learned counsel for writ petitioner, in

    the hearing predicated his campaign against the impugned

    P a g e 5 | 15
    preventive detention order on two points and the same are as

    follows:

    
                (i)      Subjective satisfaction arrived at by
                Detaining       Authority        qua    imminent
    

    possibility of detenu being enlarged on bail
    is flawed as there was no material before
    the Detaining Authority for arriving at and
    recording such subjective satisfaction;

    (ii) Representation dated 02.08.2025
    sent by writ petitioner to R-3 (Union of
    India, represented by the Secretary,
    Ministry of Home Affairs, Department of
    Home Internal Security North Block, New
    Delhi – 110001) was not disposed of
    expeditiously. To put it differently, there is
    delay in disposing of writ petitioner’s
    representation dated 02.08.2025 made to
    R-3 and this has vitiated the impugned
    preventive detention order.

    [5] As regards the first point, learned State counsel

    for R-1, R-2 and R-4 submitted to the contrary and his

    submission is as follows:

    Adverting to grounds of detention
    and more particularly paragraph Nos. 15
    and 16 thereat, it was submitted that a bail
    application moved by the detenu was
    pending on the date impugned preventive
    detention order, the same was before the

    P a g e 6 | 15
    Detaining Authority and Detaining
    Authority has noticed that in a case where
    FIR was lodged against the detenu with
    regard to similar offences under ‘Unlawful
    Activities (Prevention) Act
    1967′ [UA(P)A]
    and ‘Arms Act, 1959‘ bail had been
    granted.

    [6] As regards the second point, learned senior PCCG

    for R-3 submitted as follows:

    There is no delay in disposal of writ petitioner’s

    representation dated 02.08.2025 and processing details have

    been adequately explained in sub-paragraphs No. I – IX of

    paragraph No. 4 of affidavit-in-opposition of R-3 dated

    24.10.2025 and the deponent is, Under Secretary, Ministry of

    Home Affairs, Government of India. Paragraph No. 4 of

    affidavit-in-opposition of R-3 reads as follows:

    ‘4. That, with regard to para no. 8 & 9 of the
    petition, it is submitted that a copy of representation
    dated 02.08.2025 submitted by the Shri Mutum
    Manaocha Singh @ Khullakpa, the detenu was duly
    considered and not acceded to by the Central
    Government. Accordingly, the detenu along with
    authorities concerned were informed vide Wireless
    Message dated 13.08.2025. The details of the
    processing of the representation are as under:

    I. A copy of the representation dated

    02.08.2025 of the detenu was forwarded by the

    P a g e 7 | 15
    Additional Secretary (Home), Government of
    Manipur vide letter dated 07.08.2025. A copy
    of same was received vide email dated
    07.08.2025 at 07:02 PM. It reached the section
    concerned/dealing hand on 08.02.2025.
    II. Thereafter, there was an intervening
    period of two days on 09.08.2025 and
    10.08.2025 being Saturday and Sunday.
    III. The representation of the detenu was
    examined at the section level on 11.08.2025
    and thereafter put up to the Deputy Secretary
    on 12.08.2025.

    IV. The Deputy Secretary after examining the
    representation forwarded the file to the Joint
    Secretary on 12.08.2025.

    V. The Joint Secretary after examining the
    representation forwarded the file to the Union
    Home Secretary on 12.08.2025.

    VI. The Union Home Secretary having
    carefully gone through the material on record,
    including the order of detention, the grounds
    for detention and the representation of the
    detenu concluded that the detenu had failed to
    bring forth any material cause or grounds in his
    representation to justify the revocation of the
    order by exercise of the powers of the Central
    Government under Section 14 of the National
    Security Act, 1980. He, therefore, rejected
    representation and sent the file back to the
    Joint Secretary on 12.08.2025.

    VIII. The file reached the section concerned
    through aforesaid level on 13.08.2025.

    P a g e 8 | 15
    Accordingly, the detenu and the authorities
    concerned were informed vide Wireless
    Message No. II/15023/30/2025-NSA dated
    13.08.2025.

    IX. It is further submitted that the
    representation dated 02.08.2025 of the detenu
    was dealt promptly and Central Government’s
    decision on the representation was conveyed
    with utmost promptitude. Hence, there was no
    wilful or deliberate delay in disposal of the
    representation on part of the answering
    respondent.

    A True copy of Wireless Message dated
    13.08.2025 is enclosed herewith and
    marked as Annexure-R/1.’

    [7] This Court carefully considered the rival

    submissions.

    [8] As regards first point i.e., subjective satisfaction

    arrived at by the Detaining Authority qua imminent possibility

    of detenu being enlarged on bail, learned counsel for writ

    petitioner pressed into service a judgment of Hon’ble Supreme

    Court made in Yumnam Ongbi Lembi Leima -vs- State of

    Manipur & Ors. reported in (2012) 2 SCC 176. Learned

    counsel relying on Yumnam Ongbi Lembi Leima submitted

    that mere apprehension that detenu was likely to be released

    on bail is not sufficient to justify the detention order. It was also

    P a g e 9 | 15
    argued by learned counsel for writ petitioner that the bail

    petition filed by detenu (bail petition dated 30.06.2025 in Cril.

    Misc. Bail Case No. No. 124 of 2025, reference No. FIR No.

    06(06) 2025 KBL-PS on the file of Special Judge, NIA,

    Bishnupur) was disposed of as not pressed on 01.09.2025.

    [9] This Court finds that Yumnam Ongbi Lembi

    Leima is distinguishable on facts and therefore it does not

    come to the aid of writ petitioner. Yumnam Ongbi Lembi

    Leima is distinguishable on facts as it is a case where the

    learned counsel for detenu submitted that the detenu not

    applied for bail at any stage and had gone on to submit that

    there was no indication that he intends to do so. This is

    captured in paragraph No. 10 of Yumnam Ongbi Lembi

    Leima and the said Paragraph No. 10 as reported in (2012) 2

    SCC 176 reads as follows:

    ’10. Mr. Parikh submitted that not only had the
    appellant’s husband not applied for bail at any stage, nor
    was there any indication that he intends to do so, which
    could give to the supposition that in the future there was
    every likelihood that he would be released on bail. Mr.
    Parikh submitted that supposition could never take the
    place of facts which were necessary to establish a case
    which warranted the detention of a person without any
    trial.’

    P a g e 10 | 15
    [10] In the case on hand, the detenu has admittedly

    filed bail petition on 30.06.2025 and the same was pending on

    the date on which impugned preventive detention order was

    made by the Detaining Authority i.e. on 12.07.2025. Therefore,

    the argument that there was no material before Detaining

    Authority qua afore-referred subjective satisfaction is a non-

    starter. The argument that the bail petition was disposed of as

    not pressed is not argument as the bail petition was disposed

    of only on 01.09.2025, much after the impugned preventive

    detention order had been made by the Detaining Authority on

    12.07.2025.

    [11] As regards subjective satisfaction, Hon’ble

    Supreme Court in Ameena Begum -vs- State of Telangana

    & Ors. reported in (2023) 9 SCC 587 had made it clear that

    areas within which validity of subjective satisfaction can be

    tested have been carved out and this Court in order dated

    11.02.2026 made in W.P. (Crl) No. 34 of 2025 by respectfully

    following Ameena Begum has made an adumbration of

    carved out areas (adumbration of 6 areas i.e. a to f). This is

    vide paragraph No. 7 of the order dated 11.02.2025 in W.P.(Crl)

    No. 34 of 2025 (Mutum Ranjan Meitei @ Lamjingba -vs-

    P a g e 11 | 15
    District Magistrate, Thoubal District) and the same reads

    as follows:

    ‘[7] This Court, carefully examined the rival
    contentions. At the outset, it is to be noted that
    the question of justiciability of subjective
    satisfaction of a detaining authority in
    preventive detention matters came up for
    consideration before Hon’ble Supreme Court in
    several cases and we respectfully refer to a
    recent judgment of Hon’ble Supreme Court
    being ‘Ameena Begum vs. State of
    Telangana & Ors.
    ‘ reported in (2023) 9 SCC

    587. In Ameena Begum, after a survey of
    various case laws on preventive detention
    including case laws on preventive detentions
    under NSA, Hon’ble Supreme Court made it
    clear that areas within which validity of
    subjective satisfaction can be tested have been
    carved out and an adumbration of the carved
    out areas is as follows:

    (a) When the detaining authority has
    not applied its mind at all;

    (b) When there is dishonest exercise
    of power by detaining authority;

    (c) Exercise of power of detaining
    authority for improper purpose;

    (d) Detaining authority acting under
    dictation of another body;

    (e) When the subjective satisfaction
    recorded by detaining authority is

    P a g e 12 | 15
    based on application of wrong test or
    misconception of a statute;

    (f) When the detaining authority has
    arrived at and recorded subjective
    satisfaction without the same being
    grounded on materials which are
    rationally probative value.

    (Underlining made by this Court for ease
    of reference.)
    To be noted, adumbration supra has
    been set out by this Court by respectfully
    following paragraph No. 16 of Ameena
    Begum [paragraph No. 16 as in SCC report
    being (2023) 9 SCC 587] wherein Hon’ble
    Supreme Court relied on paragraph Nos. 8 & 9
    of ‘Khudiram Das vs. State of West
    Bengal
    ‘ reported in (1975) 2 SCC 81 which
    was rendered by a Hon’ble four Judges Bench.’

    [12] In the case on hand, we find that it cannot be gain

    said that there was no material of rationally probative value

    before the Detaining Authority. The reason is, in paragraph No.

    15 of grounds, Detaining Authority has noticed that detenu’s

    bail petition dated 30.06.2025 is pending. The Detaining

    Authority has also noticed that in a similar case qua the detenu

    bail has been granted. Subjecting subjective satisfaction of the

    Detaining Authority to judicial review is not akin to an appeal

    and therefore, we deem it appropriate to unhesitatingly write

    P a g e 13 | 15
    that it is not a case of complete absence of material much less

    absence of any material of probative value. In any event,

    argument of learned counsel for petitioner that lone bail petition

    filed by the detune was disposed of as not pressed is a non-

    starter as not pressed disposal of bail petition was on

    01.09.2025 much after impugned preventive detention order

    was made on 12.07.2025 as already alluded to supra. This

    means that first point qua writ petitioner’s campaign against the

    impugned detention order does not find favour with this Court.

    [13] As regards second point, the representation sent

    by the detenu to R-3 is dated 02.08.2025 (Annexure, A/7 –

    Colly) and it has been disposed of by Central Government on

    12.08.2025. As already alluded to supra, the details of

    processing of detenu’s representation and various stages have

    been explained vide paragraph No. 4 of the affidavit-in-

    opposition of R-3 which has been extracted and set out supra.

    A careful perusal of the paragraph No. 4 makes it clear that no

    sooner than the representation reached R-3, the same has been

    examined i.e., on the next working day and it has been placed

    before the Deputy Secretary and Joint Secretary the day after

    i.e. on 12.08.2025 and the detenu was informed vide wireless

    message on 13.08.2025. Therefore, Court is unable to accept

    P a g e 14 | 15
    the submission of learned counsel for writ petitioner that there

    was delay on the part of R-3 in disposing of detenu’s

    representation dated 02.08.2025. This means that the second

    point also cuts no ice with this Court.

    [14] Apropos, as both points on which the writ

    petitioner’s counsel predicated his campaign against the

    impugned preventive detention order cuts no ice with this

    Court, captioned writ petition (WP) fails and the same is

    dismissed. There shall be no order as to costs.

                              JUDGE             CHIEF JUSTICE
    
    FR/NFR
    
    Bipin
    
    
    
    
                                                      P a g e 15 | 15
     



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