D.Y. Chandrachud 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 Indian Penal Code 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 July 2017, the Government of Manipur approved the order of detention.
4. The Appellant filed a writ petition before the Manipur High Court, challenging the order of detention. The Appellant's contention was that the District Magistrate failed to report the detention to the State Government "forthwith," as provided Under Section 3(4) of the Act. The District Magistrate - it was urged-reported the detention after a lapse of five days, which violated Section 3(4).
5. Section 3(4) of the Act provides that when a detention order is made by a District Magistrate or a Commissioner of Police Under Section 3(3) of the Act, the Magistrate/Commissioner shall 'forthwith' report the fact of the detention order to the State Government, along with the grounds on which the order was made, and any other relevant facts. It also states that no detention order shall remain in force for more than twelve days after making the order, unless it has been approved by the State Government. The proviso to Section 3(4) states that, if the grounds for detention Under Section 8 are communicated to the detenu after five days, but not later than ten days from the date of detention, the words 'twelve days' will be substituted by 'fifteen days' in that Sub-section. Section 3, in so far as is material, is extracted below:
3. Power to make orders de........