NURJAHAN BEGUM Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The detenue Md. Tayeb Ali resident of Yairipok Ningthounai village, P.S. Lamlai, District Imphal, Manipur was detained on 19.10.1991 under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. This Habeas Corpus petition is filed by the spouse of the detenue.

(2.) The detenue was arrested on 19.10.1991 by the Police personnel and when the detenue was lodged in Manipur Central Jail, he was served with a copy of the detention order dated 17.10.1991 issued by the respondent No. 3 (Annexure-1 to the writ petition). Thereafter on 20.10.1991 the detenue was served with a copy of the grounds of detention order dated 17.10.1991 passed by the respondent No. 3. In paragraph 4 of the grounds of detention, the detenue was informed that he has a right to make representation to the Central State Government through the Jail Superintendent against the order of detention and that he shall be afforded earliest opportunity of making representation if he wished to do so. The detenue, thereafter, submitted a representation dated 26.10.1991 (Annexure-5). This representation of detenue as appeared from the record was, received by the Superintendent, Manipur Central Jail on 28.10.1991. Curiously enough the said representation of the detenue was forwarded to the Deputy Secretary (Home), Government of Manipur only oil 7.11.1991 by the Superintendent, Manipur Central Jail after a delay of 12 days. The detention order of the detenue was confirmed on 10.12.1001 after submission of report by the Advisory Board. The case of the petitioner is that the representation of the detenue was never considered properly and that the delay on the part of the Government of Manipur to consider the representation submitted by the detenue vitiates the detention order.

(3.) We have heard Mr. Th. Priyanand Singh, learned Counsel for the petitioner and also Mr. Irabot Singh, Additional Government Advocate, Manipur.