Court finds infraction of Article 22(5) and Section 10 of the National Security Act, 1980, leading to the immediate release of detenu
In a landmark judgment, the Manipur High Court has quashed a preventive detention order against Shri Jiten Sana RK, under the National Security Act, 1980, citing violations of constitutional rights and statutory obligations. The judgment, delivered by a division bench comprising Chief Justice M. Sundar and Justice Ahanthem Bimol Singh, found that the detaining authority failed to forward the detenu's representation to the State and Central Governments, thereby infringing upon his constitutional rights under Article 22(5) of the Constitution of India and statutory rights under Section 10 of the NSA.
The case, titled "Smt. Laishram Nilajit Shija v. State of Manipur," revolved around a habeas corpus petition filed by the detenu's spouse challenging the detention order dated November 17, 2025. The court noted that the detenu had sent a representation requesting that copies be forwarded to both governments, but the detaining authority had not complied, causing a significant constitutional infraction.
The court emphasized the importance of the detenu's right to effective representation, as elucidated by the Supreme Court in the case of "Amir Shad Khan v. L. Hmingliana," where it was established that refusal to forward a detenu's representation constitutes a denial of constitutional rights. Furthermore, the Manipur High Court highlighted that the detenu's representation was not placed before the Advisory Board, infringing upon his right to have the representation considered.
In a detailed examination of the case, the court found that the detaining authority had misled the detenu regarding his right to make representations within a specified timeframe, which contravenes established legal principles that no limitation period exists for such rights. The judgment referenced the Supreme Court's decision in "Premlata Sharma v. District Magistrate, Mathura," which asserts that the right to make a representation subsists as long as the detention order is in effect.
As a result of these findings, the court set aside the detention order and directed the immediate release of Shri Jiten Sana RK, unless he is required in any other case. This decision underscores the judiciary's role in safeguarding personal liberties and ensuring adherence to constitutional and statutory mandates.
Bottom Line:
Habeas Corpus Petition - Preventive detention under National Security Act, 1980 - Violation of Article 22(5) of the Constitution - Detaining authority's failure to forward representation to State and Central Governments despite request by detenu caused infraction of constitutional and statutory rights.
Statutory provision(s): Article 22(5) of the Constitution of India, Section 10 of the National Security Act, 1980
Smt. Laishram Nilajit Shija v. State of Manipur, (Manipur)(DB) : Law Finder Doc id # 2865772
