Imphal: Division Bench High Court of Manipur allowed writ petition and has allowed challenging the detention of Lourembam Sanjoy under NSA and order of detention order passed by District Magistrate Imphal East was quashed and set aside with the direction to released Lourembam Sanjoy forthwith if he is not required for any other case.
The court judgment order was announced today by the Division Bench High Court of Manipur comprising Justice Kh Nobin and Justice Ahanthem Bimol after it was kept on reserve after the final hearing of the case on October 1.
The writ petition was filed by Lourembam Shyamjai father of Lourembam Sanjoy of Yairipok Yambem Mathak leikai at present staying at Khurai Ahongei Tongbram leikai through their counsel Advocate Ph Sanajoaba against the State of Manipur represented by Chief Secretary Government of Manipur, District Magistrate Imphal East and Union of India through the secretary to the government of India.
The writ petition challenged the detention of Lourembam Sanjoy under NSA by an order issue by District Magistrate Imphal East.
Division Bench On perusal of the order of detention and after the hearing of both parties’ court observed and view that the Lourembam Sanjoy was not given the opportunity to make an appropriate representation thereby violating the provisions of Article 22 (5) of the Constitution, as a result of which the order of detention is rendered bad in law.
Division bench in view that the writ petition is allowed and consequently, the order of detention dated 18-05-2018 is quashed and W.P. (Cril.) No. 7 of 2020 set aside with the direction that Shri Lourembam Sanjoy Singh, 38 years S/o Shri Lourembam Shyamjai Singh, Yairipok Yambem Mathak Leikai, A/p Khurai Ahongei Tongbram Leirak, PS Porompat, Imphal-East District, Manipur shall be released forthwith if he is not required for any other case.
Mention may be made that Lourembam Sanjoy was arrested under NSA by a team of Imphal East district police from lamphel court complex by producing an order issued by Imphal East district magistrate to detained him under NSA soon after he was released on bail by Chief Judicial Magistrate Imphal east in connection with another case.