The judgment, authored by Justice Chandrachud, was interpreting the expression “forthwith” in Section 3(4) of the National Security Act of 1980.

Administrative laxity should not be the reason for delaying the news of detention of a person under the National Security Act to the State government concerned, the Supreme Court has held.

A three-judge Bench of Chief Justice of India Dipak Misra and Justices A.M. Khanwilkar and D.Y. Chandrachud said “any delay between the date of detention and the date of submitting the report to the State Government, must be due to unavoidable circumstances beyond the control of the detaining authority and not because of administrative laxity”.

The judgment, authored by Justice Chandrachud, was interpreting the expression “forthwith” in Section 3(4) of the National Security Act of 1980.

The provisio mandates the detaining authority to “forthwith” inform the State about the detention and the grounds for it. Detention should not be for more than 12 days.

Justice Chandrachud interpreted that ‘forthwith’ meant “within reasonable time and without any undue delay”.

“This would not mean that the detaining authority has a period of twelve days to submit the report (with grounds) to the State Government from the date of detention. The detaining authority must furnish the report at the earliest possible,” the Supreme Court held.

There should be no laxity in reporting the detention to the government. Whether there were administrative exigencies which justify the delay in sending the reports must be explained by the detaining authority, Justice Chandrachud wrote.

The judgment came on an appeal filed by Hetchin Haokip of Manipur whose husband, Jangkhohao Khongsai, with two others, was arrested by the police on May 30, 2017. Khongsai was booked under the sections of the IPC and Arms Act and accused of being a member of KLA organisation.

The Magistrate, who ordered his detention, took five days to communicate this to the State government.

The apex court set aside the detention order.