State directed to compensate for wrongful detention
Source: The Sangai Express
Imphal, March 04 2023:
The High Court of Manipur has directed the State authority to pay a compensation of Rs 50,000 to a detainee for his illegal detention in a drug trafficking case.
The order was passed by Acting Chief Justice MV Muralidharan and Justice A Guneshwar Sharma in connection with a writ petition filed by Kaikam Kipgen, father of detenu Staminlen Kipgen of Loibol village, Kangpokpi.
The petition says that detenu Staminlen Kipgen was arrested from Keinou Bazar by a team of Bishnu-pur commandos on April 20 last year along with Nong-thombam Premjit (45) s/o (L) Biren of Terakhong-shangbi Wahengbam Leikai, staying at Tingkai Khullen, Kangpokpi and five plastic bags containing blackish sticky substances suspected to be opium weighing 4.8 Kgs were seized from their possession.
On September 2 last year, detenu Staminlen Kipgen was detained under section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act for a period of three months until further order.
The Government issued a second detention order on December 16 last year against the accused.
On the other hand, Special Judge ND&PS Bishnupur on December 1 last year passed an order to release the detenu on default bail as charge sheet could not be submitted within the statutory period of 180 days.
Counsel of the detenu Ph Sanajaoba submitted before the Divisional bench that there was an illegal detention of the detenu from December 2 to December 15 last year after the lapse of the 1st detention order and till the 2nd detention order was made.
The counsel prayed for awarding adequate compensation to the detenu for his illegal detention for a period 13 days and prayed that the first detention order dated September 2, 2022 passed by the Special Secretary (Home), Government of Manipur and the second detention order issued on December 16, 2022 be set aside as there were no materials to detain the detenu under preventive detention.
The Court after hearing the submission of the petitioner's counsel, the Government Advocate and Central Government counsel, observed that the detenu was illegally detained for a period of 13 days without any authority by the State authority while exercising the extra-ordinary power of preventive detention in a very casual and callous manner without taking scant respect for the statutory safeguard provided by the statute.
The Court also expressed deep anguish over the manner the law of preventive detention has been resorted to by the State authority in a very mechanical and casual manner and remarked that this requires to be rectified immediately.