TaxTMI 
TaxTMI 
2012 (5) TMI 732
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....the National Security Act, 1980 (hereinafter called `the Act'). 2. The son of the appellant, namely, Huidrom Shantikumar Singh was arrested on 19.6.2011 by the Imphal Police under Section 302 of Indian Penal Code, 1860 (hereinafter called `IPC') read with Section 25(1-C) of the Arms Act, 1959 (hereinafter called `Arms Act'). The District Magistrate, Imphal West passed the detention order dated 30.6.2011 under the Act on various grounds with an apprehension that as in similar cases, the accused involved therein had been enlarged on bail the detenu in this case would also be released on bail and he would indulge in activities prejudicial to public order. 3. The appellant's son was served with the grounds of detention dated 2.7.2011. The det....
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....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. 6. Whether a person who is in jail can be detained under detention law has been a subject matter of consideration before this Court time and again. In Dharmendra Suganchand Chelawat & Anr. v. Union of India & Ors., AIR 1990 SC 1196, this Court while considering the same issue has reconsidered its earlier judgments on the point in Rameshwar Shaw v. District Magistrate, Burdwan, AIR 1964 SC 334; Masood Alam v. Union of India, AIR 1973 SC 897; Dulal Roy v. District Magistrate, Burdwan, AIR 1975 SC 1508; Al....
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....corded his satisfaction for detention under the Act, in view of the fact that the person, who was already in jail, was going to move a bail application. In the grounds of detention it had been mentioned that there was "likelihood of the detenu moving an application for bail" and hence detention was necessary. This Court held that there must be cogent materials before the authority passing the detention order that there was likelihood of his release on bail. (See also: N. Meera Rani v. Govt. of Tamil Nadu, AIR 1989 SC 2027; Kamarunnissa v. Union of India & Anr., AIR 1991 SC 1640; and Union of India v. Paul Manickam and Anr., AIR 2003 SC 4622). 8. This Court while deciding the case in A. Geetha v. State of Tamil Nadu & Anr., AIR 2006 SC 305....
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....he light of aforesaid settled legal proposition. Learned counsel for the appellant Shri L. Roshmani has submitted that the detenu had never moved the bail application after his arrest and he had not been involved in any criminal case earlier. Reliance had been placed upon two bail orders. They are related to different FIRs and not to the same case. The bail had been granted to the accused in those cases and none of them had been co-accused with the detenu in this case. Therefore, it was not permissible for the detaining authority to rely upon those bail orders and there was no material before the detaining authority on the basis of which the subjective satisfaction could be arrived that the detenu in the instant case was likely to be releas....
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....il order was passed in respect of the coaccused in the same case, and whether the case of the co-accused was on the same footing as the case of the petitioner, then, of course, it could be argued that there is likelihood of the accused being released on bail, because it is the normal practice of most courts that if a co-accused has been granted bail and his case is on the same footing as that of the petitioner, then the petitioner is ordinarily granted bail....... A mere ipse dixit statement in the grounds of detention cannot sustain the detention order and has to be ignored...... In our opinion, there is a real possibility of release of a person on bail who is already in custody provided he has moved a bail application which is pending. I....