Manipur HC ordered the release of a 26-year-old man, ruling that the state failed to inform him of his constitutional rights under the NSA

News Citation : 2026 LN (HC) 335

May 5, 2026 : The High Court of Manipur has quashed the preventive detention of 26-year-old Wahengbam Bimal Meitei, ordering his immediate release. The court found that the state authorities committed critical procedural lapses that violated the constitutional rights of the detenu, specifically failing to inform him of his right to appeal the detention order to the appropriate authorities in a timely manner.

The case, Shri Wahengbam Bimal Meitei vs. The District Magistrate, Imphal West, centered on a series of orders issued earlier this year under the National Security Act (NSA). Meitei had been arrested in January 2026 in connection with alleged offenses under the Unlawful Activities (Prevention) Act (UAPA). While he was still in custody, the District Magistrate of Imphal West issued a preventive detention order on February 20, 2026, which was subsequently approved and confirmed by the Government of Manipur.

Presiding over the case, Chief Justice M. Sundar and Justice Ahanthem Bimol Singh focused on two primary legal infractions. First, the court noted that when the grounds of detention were served to Meitei on February 24, the District Magistrate failed to inform him that he had a right to make a representation directly to the detaining authority itself. Under the NSA, the detaining authority retains the power to revoke or modify such an order for a period of twelve days, and the court ruled that failing to communicate this right constituted a breach of Article 22(5) of the Constitution.

The second major lapse involved the delay in informing Meitei of his right to make a representation to the Central Government. Although the Ministry of Home Affairs eventually alerted the state to this requirement, the information was not conveyed to the petitioner until March 12—nearly three weeks after his initial detention. The bench held that this delay deprived the detenu of his “earliest opportunity” to challenge his incarceration, a fundamental safeguard against the arbitrary use of state power.

Beyond these procedural errors, the court highlighted a “significant obtaining fact”: the prosecution had failed to file a charge sheet or seek a remand extension within the mandatory 90-day period following Meitei’s January arrest. This failure meant the petitioner was already entitled to seek default bail regardless of the NSA order.

Relying on established precedents from the Supreme Court, including the Kamleshkumar and Santosh Shankar Acharya cases, the High Court emphasized that the right to make a representation is a “package of guaranteed fundamental rights”. Consequently, the court set aside the detention order and its subsequent confirmations, directing that Meitei be set at liberty immediately, provided he is not required for any other legal matters.

Case Reference : W.P. (Crl.) No. 8 of 2026, the High Court of Manipur heard the case of Wahengbam Bimal Meitei @ Luwang @ Mani vs. District Magistrate, Imphal West District and Others, with the petitioner represented by Mr. L. Shashibhushan, Senior Advocate, assisted by Mr. Md. Fakharuddin, while the respondents were represented by Mr. Phungyo Zingkhai (for Nos. 1, 2, and 4) and Mr. W. Darakeshwar (for No. 3)