(K. Somashekar, C.J. and A. Bimol Singh, J)
06.08.2025
[1] Heard Mr. T. Pamei, learned counsel appearing for the
petitioner; Mr. Th. Vashum, learned GA appearing for respondent Nos. 1, 2,
4 and 5 and Ms. Pamchui, learned counsel appearing for the respondent
No. 3.
[2] The present writ petition has been filed challenging the order
dated 19.05.2025 and order dated 03.06.2025 issued by the District
Magistrate, Kangpokpi District ordering for detention of the petitioner under
the provisions of Section 3(2) of the NS Act, 1980. It has been submitted
on behalf of the petitioner that as per Section 3 Sub-section 4 of the said
NSA Act, it is provided that the order of detention issued by the District
Magistrate will be valid for a period of 12 (twelve) days only unless it is
approved by the Government in the meantime. In the present case, it has
been submitted by the learned GA that he has received instructions from
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the State authorities that as the District Magistrate do not submit the
relevant documents in connection with the impugned detention orders and
as such, the two detention orders passed by the District Magistrate,
Kangpokpi District was not approved by the Government.
[3] As the impugned detention orders were not approved by the
Government within time prescribed by law, we are of the considered view
that by operation of law as provided under Section 3 Sub-section 4 of the
NS Act, the two detention orders has become invalid and stand vitiated.
[4] In view of the above, we hereby direct the authorities to
release the petitioner from detention forthwith unless his continued
detention is necessary in connection with any other cases pending against
him.