L. RAGHUMANI SINGH V. DISTRICT MAGISTRATE, IMPHAL WEST
citation: Writ petition (s) (criminal)no. 266/2021
FACTS:
Leichombam, a Manipuri activist was apprehended by the police on May 13, 2021 after a complaint was filed against him by Usham Deben Singh, the vice-president of BJP Manipur for censuring the Manipur President belonging to BJP, S. Tikendra Singh shortly after his death. The activist uploaded a Facebook post contending that “the cure for corona is not cow dung and cow urine. The cure is science and common sense. On May 17, 2021 he was granted bail by the Chief Judicial Magistrate of Imphal West. However, the District Magistrate, Imphal West smacked the National Security Act (NSA) against Erendro Leichombam taking into consideration the police report. Therefore, a petition was filed by L Raghumani Singh, the father of Erendro to the Supreme Court against the unlawful detention of his son and infringement of his fundamental right as he was detained inappropriately.
ISSUES RAISED:
1. Whether it was appropriate to detain the activist under the NSA Which was a preventive detention act?
2. Whether the fundamental right of the activist was being infringed?
JUDGEMENT :
The hegemony of Article 21 under which protection of life and liberty is provided is enshrined in the recent case of L. Raghumani Singh v. District Magistrate, Imphal West. In the aforementioned case the Manipuri Activist Erendro Leichombam censured a BJP Leader by his Facebook post for recommenting cow dung and urine as an antidote to coronavirus. He was arrested for the same and the District Magistrate of Imphal West issued the stringent provision of NSA which was a preventive detention law. A petition was filed by the father of the activist stating that the preventive detention measures were unnecessary for such an elementary speech. He also contended that the government was misusing its executive power for taking revenge on the activist as he criticized the BJP government. The Supreme Court directed the release of Erendo Leichombam as it was against the Fundamental Rights of life and liberty.
The court articulated that no one can be detained for such speech. Therefore, the court ordered the Manipur Central Jail to release the activist before 5 PM. Solicitor General Tushar Mehta wanted the case to be listed the other day, however, the bench said that it would direct interim relief the same day.
Written by Sunakshi Arya (8th sem), a student of Chanderprabhu jain college of higher studies and School of Law, Narela
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