HETCHIN HAOKIP Vs. STATE OF MANIPUR, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF MANIPUR

JUDGEMENT

(1.) Heard Ph. Sanajaoba, learned counsel for the petitioner. Heard also Mr. Vashum, learned Government Advocate for the State respondents, and Mr. S. Samarjeet, learned CGC for the Union of India.

(2.) Though several grounds in challenging the impugned detention order have been raised in this petition, Mr. Sanajaoba, learned counsel for the petitioner, has confined himself to only one ground, namely, that provisions of Section 3(4) of the National Security Act, 1980 have been violated, as there had been a failure on the part of the detaining authority to "forthwith" report the fact of detention to the State Government .

(3.) Mr. Sanajaoba, learned counsel for the petitioner, submits that the detention order was issued on 12.7.2017. However, as evident from the approval order dated 20.7.2017, the District Magistrate submitted the report on the detention vide letter dated 17.7.2017, thus after 5 (five) days of the passing of the detention order. He submits that the mandate of law as provided under Section 3(4) of the National Security Act, 1980 is that the detaining authority is to "forthwith" report to the State Government of such detention and thus the delay 5 (five) days in reporting to the State Government is in violation of the said provision and hence, the impugned detention order is liable to be quashed on this ground alone.