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july 2018

Supreme Court of India · 2018-07-20

Hetchin Haokip vs The State Of Manipur

Citation / case number
AIR 2018 SUPREME COURT 3419
Court
Supreme Court of India
Petitioner
Hetchin Haokip
Respondent
The State Of Manipur
Author
D Y Chandrachud
Bench
D Y Chandrachud, A M Khanwilkar, Dipak Misra

Judgment text excerpt

The Supreme Court held that the failure of the District Magistrate to report the detention to the State Government 'forthwith' as mandated by Section 3(4) of the National Security Act, 1980 constitutes a violation of the statutory requirement, rendering the detention order invalid. The Court emphasized that the term 'forthwith' implies immediate action, and any delay undermines the legality of the detention. Consequently, the Court quashed the detention order, reinforcing the necessity of adherence to procedural safeguards in preventive detention cases.

Hetchin Haokip vs The State Of Manipur · Niyam