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

NEW DELHI, July 20 (LIVE LAW) :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  Today, Solicitor General of India Tushar Mehta informed the bench that detention order has been revoked and Erendro was released yesterday in compliance of the Court's order.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.

 

 

 

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