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2018 Supreme(SC) 727

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
HETCHIN HAOKIP – Appellant
Versus
STATE OF MANIPUR – Respondent


JUDGMENT

Dr D.Y. CHANDRACHUD, J

1. Leave granted.

2. These proceedings have arisen from the judgment of a Division Bench of the Manipur High Court, at Imphal, dated 3 April 2018 in Writ Petition (Crl.)No 43 of 2017. The question before the High Court was whether the provisions of Section 3(4) of the National Security Act, 1980, requiring the detaining authority to report the detention to the State Government ‘forthwith,’ have been violated. The High Court recorded that this was the only issue which formed the subject of the challenge to the order of preventive detention.

3. The brief facts of the case are as follows. The appellant’s husband, Jangkhohao Khongsai, with two others, was arrested by the police on 30 May 2017, and charged with offences under Section 400 of the I.P.C. and Section 25(1-C) of the Arms Act, 1959, allegedly for being a member of the cadre of the KLA organization, and for possession of fire arms. On 12 July 2017, the District Magistrate, Bishnupur, Manipur, passed an order of detention against him, apprehending that the detenu was likely to be released on bail. On 17 July 2017, the District Magistrate served the detenu with the grounds for his detention. On 20




































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