Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | National Security Act 1980 – s.3(4) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | National Security Act, 1980 (65 of 1980) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | National Security Act, 1980 – s.3(4) – Power to make ordersdetaining certain persons – Detention order against detenu – DistrictMagistrate reporting the detention to the State Government on thefifth day, after the detention order – Challenge to, on the ground offailure of the detaining authority to report the detention to StateGovernment ‘forthwith’ as provided u/s. 3(4) – High Court heldthat as long as the report to the State Government is furnished withintwelve days of detention, it would not prejudice the detenu – Onappeal, held: Expression ‘forthwith’ u/s. 3(4) must be interpreted tomean reasonable time and without any undue delay – There shouldbe no laxity in reporting the detention to the Government – On facts,the District Magistrate offered no explanation for submitting thereport to the State Government five days after passing the order ofdetention – This vitiated the order of detention – Thus, the order ofthe High Court set aside. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 628 |
Petitioner | Hetchin Haokip |
Respondent | State Of Manipur And Ors. |
SCR | [2018] 6 S.C.R. 597 |
Judgement Date | 2018-07-20 |
Case Number | 911 |
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