CHINGANGBAM (ONGBI) INDIRA DEVI Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) PETITIONER is the wife of the detenu, namely, Shri Chingangbam Tarunkumar Singh @ Khoicha @ Ibomcha. She has filed this writ application challenging the detention of her husband in pursuance of an order passed by the District Magistrate, Imphal West dated 03.12.2013 under Section 3 sub -Section (3) of the National Security Act, 1980.

(2.) SHRI A.K. Somorendro, learned counsel for the petitioner assailed the impugned detention order solely on the ground of delay in disposal of the representation. According to the learned counsel for the petitioner, there was 10 days' delay in disposing the representation by the State and there was about 17 days delay in disposal of the representation of the Union of India. Reliance was placed by the learned counsel for the petitioner on a decision of the Hon'ble Supreme Court in the case of Pebam Ningol Mikoi Devi -vs. -State of Manipur & Ors. reported in : (2010) 9 SCC 618, supporting his contention that in absence of any explanation for the delay in disposal of the representation, the order of detention is liable to be quashed.

(3.) FROM the counter affidavit of the State respondent No. 2, we find that the order of detention was passed on 03.12.2013 and the detenu submitted his representation on 10.12.2013 and the said representation was disposed of by the State respondents on 20.12.2013. The State Government also forwarded the said representation of the detenu to the Central Government on 20.12.2013. The 10 (ten) days' time consumed by the State respondents in disposing of the representation is not explained in the counter affidavit. Though it was contended by the learned State counsel that there were three holidays and the rest period was consumed in the official process, there is no mention of the same in the counter affidavit.