'Serious Matter; Someone Has Lost Liberty Since May' : Supreme Court Issues Notice On Mainpur Activist's Plea For Compensation For Illegal Detention Under NSA

The Supreme Court on Tuesday issued notice on the prayer made by  Manipur based political activist Leichobam Erendro seeking compensation for the illegal detention underwent by him under the stringent National Security Act over a Facebook post that cow dung or cow urine will not cure COVID.

A bench comprising Justices DY Chandrachud and MR Shah granted two weeks time to the respondents to file their reply on the issue of compensation.

Yesterday, the Court had ordered his immediate release before 5 PM on the same day itself, after observing that his continued detention would amount to "a violation of the right to life and personal liberty under Article 21 of the Constitution".

Today, Solicitor General of India Tushar Mehta informed the bench that  detention order has been revoked and Erendro was released yesterday in compliance of the Court's order. The SG therefore requested the bench to put the matter to a rest.

However, Advocate Shadan Farasat, appearing for the father of Erendro who has filed by habeas corpus petition seeking his release, pressed the prayer for compensation. Farasat submitted that the detention order had mentioned five cases against him although chargesheet was not filed in any of those cases.

"5 cases were cited against me. In none of the cases, chargesheet has been filed!", Farasat submitted.

"It is a serious matter. Someone has lost their liberty since May!", Justice Chandrachud remarked during the hearing.

The SG said that he had not attempted to defend the detention order yesterday and that the same was immediately revoked.

The Supreme Court had yesterday ordered his release before 5 PM on execution of bond of Rupees 1000/- .

"We are of the view that the continued detention of the petitioner before this Court would amount to a violation of the right to life and personal liberty under Article 21 of the Constitution. We accordingly direct that the petitioner shall be released forthwith as and by way of an interim direction of this Court, unless he is required to be in custody in any other case, subject to further orders, subject to his filing a personal release bond in the amount of Rs 1000", said the bench and directed his release.

The present petition has been moved by Erendro's father L. Raghumani Singh who's argued that this wasn't a case of invocation of NSA which was only invoked to defeat the bail granted to Erendro and suffers from malice in law.

Erendro was initially arrested on 13.05.2021 for his Facebook post of 13.05.2021 where he had stated that: "The cure for Corona is Not cow dung & cow urine. The cure is science & common sense Professor ji RIP". The statement was made in the context of the death of the President of the Manipur BJP, Prof. Tikendra Singh, was meant as a criticism of the BJP politicians who had been advocating cow-urine and cow-dung as cures for COVID-19. Enraged by the Facebook post, few local BJP leaders filed complaint, leading to his arrest.

On 17.05.2021, the day, he was granted bail by the local court, the District Magistrate, Imphal West District detained him under the stringent National Security Act 1980 (NSA), which is a preventive detention law.

It is Mr Raghumani's case that this was not all a case of invocation of NSA as the innocuous post of his son was incapable of impacting even "law & order", leave alone Public Order or Security of the State, that are the statutory grounds available for detention under the NSA. It is his case that NSA was invoked to defeat the bail granted to Erendro and suffers from malice in law. Mr. Erendro has already spent 45 days in custody for this "innocuous piece of speech".

The petitioner argues that this is a classic case of malice in law, where the law of preventive detention has been used to shut-off political voices that the ruling party in the State of Manipur does not like, rather than for any valid purpose. This is not a purpose for which NSA permits preventive detention, making the order malafide and liable to be set aside, according to the petitioner.

Further, as per Mr. Raghumani, not only is the detention bad in law but it is also in direct violation of the Supreme Court's order dated 30.04.2021 in SMW (C)No.3/2021, In Re: Distribution of Essential Supplies and Services During Pandemic, wherein the Apex Court has directed that there shall be no clampdown on information on social media or harassment of individuals delivering help on social media. In this context, the petitioner states that Erendro's Facebook post was intended to dispel misinformation about COVID-19 cure.

Accordingly, Mr Raghumani has also filed a contempt petition before the Supreme Court for violation of its order dated 30.04.2021 by the District Magistrate, Imphal West District.

(Case : L Raghumani Singh vs District Magistrate, Imphal West District Manipur and another).

Click here to read the Order