Unexplained delays in addressing a detainee's representation for release render ongoing detention unconstitutional, affirming the necessity for prompt action by authorities.

JUDGMENT :

Siddharth Mridul, CJ.

[1] Heard Mr. Ch. Ngongo, learned senior counsel assisted by Ms. S. Gangarani, learned counsel appearing on behalf of the petitioner, Mr. Th. Vashum, learned G.A. appearing on behalf of the respondents No. 1, 2 & 3 and Mr. BR Sharma, learned CGSC appearing on behalf of the respondent No. 4.

[2] The present petition has been instituted on behalf of Shri Thokchom Romeschadra Singh @ Ayangba @ Nanao with the following prayer:

“To issue rule nisi directing the respondents to show cause as to why a writ in the nature of Habeas Corpus should not be issued and set aside the impugned order in Annexure – A/1 and A/4 to the petition and set the petitioner at liberty.”

[3] The petitioner was arrested on 05.01.2024 in connection with FIR No. 02(01)2024 HNG-PS U/S 17/20 UA(P) Act and detained under the NSA by the District Magistrate, Imphal East (respondent No. 1 herein) vide order No. Cril/NSA No. 1 of 2024 dated 30.01.2024 and lodged in the Manipur Central Jail, Sajiwa on the allegation that he is an active member of the banned unlawful organization, KCP (Noyon) [KCP(N)] and a notoriously clever, hardened criminal/habitual offender who had carried out various prejudicial activities. The detention order dated 30.01.2024 (Annexure –A/1), is extracted herein below:

“GOVERNMENT OF MANIPUR OFFICE OF THE DISTRICT MAGISTRATE: IMPHAL EAST DISTRICT

ORDERS

Porompat, the 30 January, 2024

No.CH/NSA/No.1 of 2024 Whereas, Superintendent of Police, Imphal East District vide letter No. C-5/12/SP 1E/2024/1447 dated, 29 January, 2024 has forwarded history sheet with relevant documents in respect of one Thokchom Romeshchandra Singh @ Ayangba@ Nanao (33 yrs/ male) S/o (L) Th. Nilachandra Singh @ Lilachandra Singh of Phubala Awang Leikai, Moirang PS/ Bishnupur, Manipur, arrested in connection with FIR No. 02(01) 2024 HNG PS U/S 17/20 UA(P) Act, for issue of detention order in respect of the above accused under National Security Act, 1980 as he is acting in a manner prejudicial to the maintenance of public order and is not possible to prevent his activities by application of ordinary laws;

Whereas, an application on behalf of the accused person Thokchom Romeshchandra Singh, aged 33 years, S/o (L) Th. Nilachandra Singh of Phubala Awang Leikai, Moirang P.S., Bishnupur District, Manipur under Section 480 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for release on ball has been filed on 18 January, 2024 in the Court of the Special Judge (NIA), Imphal East at Cheirap Court Complex, Imphal, Manipur;

Whereas, SP, Imphal East has also stated in his detailed report that Shri Thokchom Romeshchandra Singh Ayangba @Nanao (33 yrs/ male) S/O (1) Th. Nilachandra Singh @ Lilachandra Singh of Phubala Awang Leikai, Moirang PS/ BPR, Manipur, being a notoriously clever as well as habitual offender and hardened criminal, there is high apprehension of releasing him on bait as the ball hearing has been fixed today, i.e., 30-01-2024;

Whereas, 1, the undersigned in the capacity of District Magistrate, Imphal East District, Manipur, am satisfied, upon examination of the detailed police report and relevant documents submitted by the SP, that his activities are prejudicial to the maintenance of public order under Section 3(2) of the National Security Act, 1980 and there is likelihood of