- (1.) This is an application under Article 226 of the Constitution of India wherein an order of the District Magistrate, Impha'l East District, Manipur, made under sub-section (2) of Section 3 of the National Security Act, 1980 read with sub-section (3) of the said Act, detaining Shri Salem Jiten Singh, is assailed.
(2.) This Court by order dated 16.7.99, issued Rule, made the same returnable within six weeks. At the time of issuing Rule, Mr. A. Nilamani Singh, learned Senior Counsel for the detenu, prayed for a direction for granting parole on the basis of recommendation of the State Medical Board and a week's time was granted to the respondents to consider the matter. The authorities after considering the application of the detenu for parole, turned down the same. The matter thereafter was put up before the Court on 26.7.99. On that day, this court declined to pass any order on the matter of parole and ordered the Government \dvocate to produce the records relating to detention of the detenu to consider the parole matter by 30.7.99. The matter was thus posted before us today.
(3.) Mr. A. Nilamani Singh, learned Senior Counsel, stressed on the deteriorating health condition of the detenu and submitted that the facts and situations demand for a direction on the authorities to enlarge the detenu on parole to enable the family members, friends and well-wishers of the detenu for making appropriate arrangements for his treatment in the CMC Hospital at Vellore as recommended by the State Medical Board. Mr. A. Nilamani Singh, learned Senior Counsel, further submitted that continued detention of the detenu is illegal on the face of the proven breach of clause 5 of Article 22 of the Constitution. The learned senior counsel, appearing on behalf of the detenu, submitted that the representation of the detenu dated 14th of June, 1999 remained unattended for about fortysix days and on that ground alone, the detenu is entitled to be freed.;