YUMNAM BROJEN SINGH Vs. DISTRICT MAGISTRATE BISHNUPUR

JUDGEMENT

(1.) Heard Mr. Kh. Mani, Learned Advocate for the petitioner, Mr. Ibohal Singh, Learned Govt. Advocate for State of Manipur and Mr. N.Ibotombi Singh, Learned C.G.S.C. for the Union of India.

(2.) This writ application has been filed challenging the order of detention dated 7.10.2000, Annexure-A/1 by the District Magistrate at Bishnupur. The petitioner was detained under National Security Act, 1980 on the ground mentioned therein on 7th October, 2000 and it was approved by the State Government on 17.10.2000. Thereafter, on the same day a report was sent to the Central Govt. and the matter also was placed before the Advisory Board on 17th October, 2000 as is evident from the affidavit-in-opposition filed by the State Govt, as well as from the record produced by the State Govt. Following are the points urged on behalf of Learned Advocate for the petitioner. i) That the requirement of Section 3(4) of the N.S.A. Act, 1980(hereinafter called the Act) was violated. The mandate of Section 3(4) is that whenever detention order is made by the District Magistrate he shall forthwith report the fact to the State Govt. to which he is subordinate together with the other things as mentioned therein. The submission of learned counsel for the petitioner is that in this case the order of detention was passed on 7th October, 2000 and the report was made to the State Govt. only on 11th October, 2000. The distance between the Bishnupur and the Imphal where the seat of the Govt. is about 25 to 30 kms. The Dictionary meaning of the word forth with is as follows :-

(3.) There is no denying of the fact that the detention order was approved by the State Govt. on 17th October, 2000 and it was placed before the Advisory Board on the same day. So, there was compliance with this requirement and we do not find any infirmity. If any authority is required for this proposition of law one may have a look at AIR 1986 SC Page 207(State of Uttar Pradesh-Vs- Mahant Singh) wherein in paragraph 5 it has been pointed out as follows: