LALA PAITE Vs. STATE OF MANIPUR

JUDGEMENT

(1.) In this Habeas Corpus petition, the petitioner has assailed the detention order dated '5th November, 1998 passed by the District Magistrate, Imphal East District, Manipur detaining the detenu, Mr Yangminthang Haokip alias Thangboi alias Wilson, son of late Lalkholun Haokip of Nungmanbi village, P.S. Saikul, Senapati district By the aforesaid order dated 5.11.98, the detenu was ordered to be detained by the District Magistrate, Imphal East District in exercise of the powers under Section 3(2) and 3(3) of the National Security Act, 1980 which is under challenge in this petition.

(2.) In the Habeas Corpus petition though numerous grounds are taken by the petitioner questioning the order of detention, the learned senior counsel, Mr N. Kerani Singh, appearing on behalf of the petitioner mainly emphasised on the point of delay in disposing of the representation filed by the detenu before the concerned appropriate authority. The order of detention, as mentioned earlier, was passed on 5. U .98 when the detenu was in prison in connection with FIR No. 322(8)98 of the Imphal Police Station under Sections 121/121- A/400/ 212 IPC read with Section 13 of the U.A. (P) Act and 25(1-B) of the Arms Act. The grounds of detention was furnished to the dffitenu on 7.11.98. By the said communication, the detenu was informed about Ms right to submit representation against the order of detention before the Central Government and the State Government. The detention order was approved by the State Government on 16.11.98. While the detenu was in. Jail, he submitted representations on 25.11.98 one addressed to the Secretary to the Govt. of India, Ministry of Home Affairs, Department of Internal Security, and another to the Chief Secretary to the Govt. of Manipur. The order of detention was confirmed by the State Government on 14.12.98. According to the learned counsel for the petitioner, the representation dated 25.11.98 addressed to the State Government was disposed by the State Government on 1.12.98.

(3.) An affidavit was filed on behalf of respondents Nos. 1 and 2 through the Deputy Secretary to the Govt. of Manipur, Department of Home Affairs. From the affidavit, it transpires that the representation dated 25.11.98,was rejected on 2.12.98 and the order was issued on 3.12.98. However, from the records placed before us by the learned Govt. Advocate, Manipur, it appears that the representation dated 25.11.98 was in fact disposed on 1.12.98.