ARAMBAM KAMESWAR SINGH Vs. DISTRICT MAGISTRATE AND ORS.

JUDGEMENT

(1.) HEARD Mr. K. N. Choudhury, learned senior counsel for the petitioner Shri C. Choudhury, learned senior CGSC and Md. Jalaluddin, learned GA, Manipur.

(2.) THE detention order under the National Security Act, 1980 has been issued by the District Magistrate, Imphal East District when the petitioner was under arrest in a criminal case bearing FIR No. 63 (11) 03/HNG -PS Under Section 121 / 121 -A , 10 / 13 UA(P) Au, 25(1 -C) Arms Act and 6(1 -A) IWT Act. The petitioner was served with the detention order on 8.12.2003. He was given the grounds of detention on 11.12.2003. The detenu submitted his representation to the State Govt. as well as to the Central Govt. on 17.12.2003. The detenu's representation was considered and rejected by the State Govt. on 24.12.2003 in the meanwhile the detention order passed by the District Magistrate was approved by the State Govt. on 15.12.2003. The learned counsel for the petitioner submits that the order of detention issued by the District Magistrate infringes the mandatory provision of Section 3(3) of the National Security Act, 1980, inasmuch as the order of detention does not specify the period for which the detenu has been detained under the National Security Act. The detention order says that the petitioner is detained until further orders.

(3.) THE habeas corpus petition is allowed. The detenu shall be set a liberty forthwith, if not required in any other matter.