Court Rules Timeframe for Representation Infringes Constitutional Rights under Article 22(5)
In a significant judgment, the Manipur High Court has quashed the preventive detention order against Yambem Manichandra Singh, citing an infringement of constitutional rights under Article 22(5) of the Indian Constitution. The Division Bench, comprising Chief Justice Mr. M. Sundar and Justice Ahanthem Bimol Singh, held that the fixed timeframe of three weeks for the detenu to make representations to the State and Central Governments was unconstitutional.
The order, initially passed on March 8, 2026, under the National Security Act, 1980, had been subsequently approved and confirmed by the State Government. The detaining authority had prescribed a three-week period for the detenu, Yambem Lalit Singh, to submit his representation, which the court found to be a misinterpretation of Section 10 of the National Security Act. This section mandates the State Government to present the grounds of detention before an Advisory Board within three weeks, but it does not impose a timeframe for the detenu's representation.
The petitioner's counsel argued that the imposed timeframe was a clear violation of the rights enshrined in Article 22(5), which guarantees the right to make a representation throughout the operation of a detention order. The court upheld this argument, referencing previous judgments, including the Supreme Court's ruling in Prem Lata Sharma, which underscored the continuous nature of the detenu's right to representation.
The court further noted that the detaining authority's misunderstanding of the statutory provisions led to an improper fixation of the timeframe, which was not justified by any legal mandate. Consequently, the court ordered the immediate release of the detenu, Yambem Lalit Singh, unless required in connection with any other case.
This judgment reaffirms the sacrosanct nature of the right to representation under preventive detention laws and underscores the judiciary's role in safeguarding constitutional rights against arbitrary executive actions.
Bottom line:-
Preventive detention order under NSA Act cannot prescribe fixed timeframes for detenue to make representations to the State or Central Government, as it infringes on Article 22(5) of the Constitution of India.
Statutory provision(s): Article 22(5) of the Constitution of India, National Security Act, 1980 Sections 10 and 12, Unlawful Activities (Prevention) Act, 1967 Section 43D
Yambem Manichandra Singh v. State of Manipur, (Manipur)(DB) : Law Finder Doc id # 2920107
