Manipur-based activist booked under NSA released on Supreme Court order

Manipurbased activist Leichombam Erendro booked under NSA for criticising BJP leaders on the use of cow dung and urine as cures for Covid19 was released following the Supreme Court direction to Imphal jail authorities saying that he cannot be put in jail even for a dayAdvocate Shadan Farasat appearing for Erendros father who filed the plea for release said He has been released at around 445 pm in compliance with the apex court order A bench of Justice DY Chandrachud and MR Shah said earlier in the day that his continued detention will be in violation of his fundamental right to life Having prima facie considered the contents of the petition 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 ConstitutionWe 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 the bench said Manipur government shall comply with the order of this Court on or before 5 pm the top court said It directed that the Registrar Judicial of the top court shall communicate a copy of this order forthwith to the Manipur Central Jail SajiwaThe bench listed the matter for July 20 after Solicitor General Tushar Mehta said that he was not contesting the plea but would file a response At the outset Farasat appearing for L Raghumani Singh Erendros father said that the preventive detention clause has been used in a case where not even simple penal provisions are requiredAlso Read lsquoHe cannot be in jail even for a nightrsquo SC directs release of Manipurbased political activist by 5 pmThe plea has challenged the preventive detention of the political activist under the National Security Act NSA alleging that it has been done solely to punish him for his criticism of BJP leaders purportedly advocating cow dung and cow urine as cures for Covid19 The plea claimed that Erendro had on May 13 posted on Facebook that cure for coronavirus is not cows dung and urine The statement was made in the context of the death of the President of the Manipur BJP due to Covid19 as a criticism of the unscientific position taken and misinformation being spread by several BJP politicians regarding cow urine and cow dung being effective in preventingtreating Covid19 the plea said adding that the post was deleted soon after being posted on May 13 itselfThe petition alleged that for this criticism Erendro has spent some days in custody pursuant to criminal cases initiated against him and thereafter in preventive detention after granting of bail The present case is a shocking instance of misuse of preventive detention law to stifle completely innocuous speech that is fully constitutionally protected and was made in the public interest Erendro a Manipuri political activist has been preventively detained solely to punish him for his criticism of Bharatiya Janata Party BJP leaders for advocating cow dung and cow urine as cures for Covid19 the plea allegedIt has sought quashing of the May 17 detention order and the grounds of detention issued by District Magistrate Imphal West District The plea has also sought direction to the concerned authorities to set Erendro who is the coconvenor of political outfit Peoples Resurgence and Justice Alliance at liberty forthwithIt said that appropriate compensation including the cost of litigation should be awarded to the petitioner and his son for the alleged illegal detention that Erendro has sufferedThe plea has claimed that his detention is in violation of the apex courts April 30 order and a separate contempt petition has also been filed in the top court On April 30 the apex court while hearing the suo motu case on distribution of essential supplies and services during the pandemic had warned authorities from the Centre down to the police chiefs against silencing people and their pleas for help on the presumption that they are raising false grievances on the internetThe top court had made clear that any attempt to clampdown on the free flow of information on social media including the call for help from people would be treated as contempt of courtThe plea said that four FIRs have been registered against Erendro by Manipur Police It said Erendro was arrested on May 13 itself and was remanded to police custody till May 17 the date on which his bail application was to be listed for consideration before the trial court It alleged that in anticipation of the trial courts consideration of the matter and knowing fully well about the completely flimsy nature of the criminal proceedings the district magistrate passed an order for preventive detention under the NSA to iquestrender infructuous the bailiquest to be granted by the court The plea said Erendro was granted bail but was not released due to the 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