The Manipur High Court has set aside a preventive detention order passed under the National Security Act (NSA), holding that the authorities violated the detainee’s constitutional right to make a representation against his detention. The Division Bench observed that fixing a time limit for submitting such a representation was contrary to Article 22(5) of the Constitution.
Background of the Case
The petition was filed by Yambem Manichandra Singh, father of the detained person, Yambem Lalit Singh alias Tompok. The detainee had been placed under preventive detention by the District Magistrate, Imphal East, through an order dated 8 March 2026.
The detention was later approved and confirmed by the State Government. Challenging the action, the petitioner approached the High Court through a habeas corpus plea seeking the detainee’s release.
The challenge focused on a specific clause in the detention grounds. Authorities had informed the detainee that any representation to the State Government or Central Government should be submitted within three weeks from the date of detention.
Court’s Observations
During the hearing, the Bench examined whether such a restriction was legally permissible.
The Court noted that Article 22(5) guarantees a detainee the right to make an effective representation against a detention order. Referring to earlier Supreme Court and High Court decisions, the Bench observed that this right continues as long as the detention order remains in force.
“The right of a detenu to make a representation subsists so long as the preventive detention order operates,”
the Bench observed while discussing the governing legal principles.
The judges rejected the State’s argument that the three-week period was mentioned only because representations received within that time could be placed before the Advisory Board.
According to the Court, Section 10 of the NSA imposes a three-week obligation on the Government to place materials before the Advisory Board. It does not impose any deadline on the detainee for exercising the right to representation.
The Bench held that the wording used in the detention grounds could reasonably lead a detainee to believe that no representation could be made after the expiry of three weeks.
Decision
Holding that the restriction amounted to a violation of the constitutional safeguard under Article 22(5), the High Court quashed the detention order dated 8 March 2026 along with the subsequent approval and confirmation orders.
The Court directed that Yambem Lalit Singh alias Tompok be released from custody forthwith, provided he was not required in any other case.
Case Details:
Case Title: Yambem Manichandra Singh v. State of Manipur & Others
Case Number: W.P.(Crl.) No. 10 of 2026
Judge: Chief Justice M. Sundar and Justice Ahanthem Bimol Singh
Decision Date: 09 June 2026
