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Added: Reshma Vinci - Date: 06.02.2022 21:01 - Views: 28585 - Clicks: 8599

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".

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Today, Solicitor General of India Tushar Mehta informed the bench that detention order has been revoked and Erendro was released yesterday in compliance of the Court's order.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 Farasatappearing 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.

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In none of the cases, chargesheet has been filed! Someone has lost their liberty since May! The SG said that he had not attempted to defend the detention order yesterday and that the same was immediately revoked.

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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 ", 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 Enraged by the Facebook post, few local BJP leaders filed complaint, leading to his arrest.

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On It is his case that NSA was invoked to defeat the bail granted to Erendro and suffers from malice in law. 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.

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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 Accordingly, Mr Raghumani has also filed a contempt petition before the Supreme Court for violation of its order dated Srishti Ojha.

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