Manipur HC quashes govt’s NSA diktat, Orders Kishorchandra be set free | Security Risks Asia Made with Humane Club

Manipur HC quashes govt’s NSA diktat, Orders Kishorchandra be set free

Published Apr 09, 2019
Updated Apr 19, 2020

Division Bench High Court of Manipur today quashed and set aside the detention order of Kishorchandra Wangkhem under the National Security Act (NSA) passed by Imphal West District Magistrate, Naorem Praveen on November 27 and gave direction to be set at liberty unless Kishorchandra is not wanted in other cases.

The Division Bench comprising of Justice, Lanusungkum Jamir and Justice Kh Nobin passed the order today after it was kept on reserved from March 4.

Wangkhem filed his petition through his counsel Ch. Victor on December 19 last year pleading the court to quash the detention, approval and confirmation orders stating they do not cover the expression of “prejudicial to the security of the state and to the maintenance of public order”.

Wangkhem was arrested on November 20 last year. But the court of the chief judicial magistrate released him on November 26 stating “the words, terms and gesture used by the accused in the video cannot be termed as seditious. It is a mere expression of opinion against the public conduct of a public figure in street language”.

However, he was picked up from his residence the next day by police and detained under the NSA.

The state government on December 14 last year approved Wangkhem’s detention under the NSA for a year, which was passed by the district magistrate, Imphal West, and fixed the period of detention for one year from the date of detention. He has been detained at Sajiwa jail

Challenging his detention under the NSA, Kishorchandra as Petitioner filed a writ petition against the Imphal West DC Order dated November 27 for detaining him under NSA on sedition charges for uploading a video on Facebook.

As per the court’s Judgment order, it is mentioned that during the hearing of the writ petition, advocate general, N Kumarjit submitted that petitioner Kishorchandra was detained under NSA for his activities which was prejudicial to the security of the State and maintenance of Public order.

As on November 19, Kishorchandra had posted four video clips where he used unconstitutional and expletive words and blamed the existing government both in state and Union for their policy and program under the supervision of Prime Minister of India in connivance with RSS.

It was also submitted that Kishorchandra mention that the chief minister of Manipur is a puppet to Prime Minister of India and also claimed in his post that Rani Jhansi’s birth anniversary is total nuisance and the act of chief minister celebrating such occasion in the State is an insult to the freedom struggle of Manipur, which means that he spoke and acted in support of the military/terrorist organisation presently operating in Manipur thereby showing his seditious attitude and leaning toward unlawful organisation and further he had also challenged the authority of the state to come out and arrest him if the concern authority can do so.

On the other hand, petitioner counsel took four specific grounds for quashing the detention order by submitting that the picture and caption allegedly posted by the Kishorchandra, on his Facebook wall on August 7 last year was not furnished to the Petitioner; the compact disc containing four video clips were not supplied to the petitioner; the representation date December 5 2018 was considered and disposed of by the detaining authority on December 10 2018 and there was a long delay in considering and disposal of the representation by the Central Government.

Division bench considering the submission of all parties, came to the conclusion that the non furnishing of the pictures with caption alleged to have posted on his Facebook wall by the petitioner and the compact disc containing four video clips have prevented from making an effective representation there of vitiates the detention order of November 27, 2018.

It was also considered that it would be futile to consider the other grounds taken by the petitioner against the detention order.

The division bench looking after the facts and circumstances which has been discussed during the hearing of the writ petition, passed an order that writ petition succeeds and quash and set aside the detention order passed by DC Imphal West on November 27 along with other consequential orders for detention of petitioner, Kishorchandra Wangkhemcha under the NSA and directed to set at liberty unless Kishorchandra is not wanted in other cases.

Kishorchandra is likely to be released from Sajiwa central Jail after the necessary process for releasing him required in NSA is once completed by concern Home department.