KHAIDEM IBOCHA SINGH ETC. versus STATE OF MANIPUR

KHAIDEM IBOCHA SINGH ETC. versus STATE OF MANIPUR

There was an unexplained delay of 17 days by the State Government in disposing the representation made by the detenus, violating Article 22(5) of the Constitution. Consequently, the detention orders are illegal and must be struck down.

Parties
Petitioner: Khaidem Ibocha Singh; Petitioner: O. P. Verma; Respondent: State of Manipur
Jurisdiction
India
Judgment Date
08 October 1971
Procedural Posture
Writ Petition Under Article 32 / Final Disposition
Outcome
Petitions allowed; detention held illegal.
Legal Topics
Preventive Detention, Habeas Corpus, Article 22(5)
Constitutional Law Criminal Law Preventive Detention Habeas Corpus Article 22(5)

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Parties

Khaidem Ibocha Singh

Petitioner

O. P. Verma

Petitioner

State of Manipur

Respondent

Procedural Posture

Writ Petition Under Article 32 / Final Disposition

Legal Issues

  1. 1 Whether unexplained delay in considering representations under preventive detention violates Article 22(5) of the Constitution.
  2. 2 Whether detention orders are invalid due to delay in disposal of representations by State Government.

Ratio Decidendi

There was an unexplained delay of 17 days by the State Government in disposing the representation made by the detenus, violating Article 22(5) of the Constitution. Consequently, the detention orders are illegal and must be struck down.

Court Disposition

Petitions allowed; detention held illegal.

Orders

  • Rule made absolute.
  • Petitioners directed to be released forthwith unless required in connection with any other case.