The Divison Bench of the Manipur High Court, comprising Chief Justice Sanjay Kumar and Justice Ahanthem Bimol Singh in the case of Smt. Thiyam Priya Devi v. The State of Manipur & 2 Ors has observed that the detaining authority can reasonably conclude that whether there is possibility of release of a person who is already in custody if he has moved a bail application which is pending in preventive detention laws.
The Petitioner is the wife of Thiyam Roshan Singh, who was detained by the District Magistrate, Thoubal, in exercise of power under Section 3(2) of the National Security Act, 1980. She filed Habeas Corpus Plea in the Court.
The court also paid reliance to the case of Rekha vs. State of Tamil Nadu, through Secretary to Government and another, in which the Supreme Court observed that “there would be a possibility of release of a person who is already in custody if he has moved a bail application which is pending and in such a case, the detaining authority can reasonably conclude that there is likelihood of such person being released on bail.”
Therefore, the Court set aside the order passed by the District Magistrate and ordered him to release the detenu, who is presently incarcerated at Manipur Central Jail, Sajiwa, shall be set at liberty forthwith unless his continued incarceration is validly required in connection with any other case.
Case Details
Case:- W.P. (Crl.) No. 19 of 2022
Petitioner - Smt. Thiyam Priya Devi
Respondent - The State of Manipur & 2 Ors
Counsel for the Petitioner - Mr. Ph. Sanajaoba
Counsel for the Respondent - Mr. Athouba Khaidem
Judge: Chief Justice Sanjay Kumar and Justice Ahanthem Bimol Singh
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