In Brief
Hetchin Haokip's husband was detained under the National Security Act, 1980. The question was whether the District Magistrate violated Section 3(4) by reporting the detention to the State Government five days after issuing the order, rather than "forthwith" (immediately). The High Court dismissed her writ petition. The Supreme Court allowed the appeal, holding that "forthwith" means within reasonable time without undue delay, not instantaneously. However, it does not grant a 12-day window. The detaining authority must report at the earliest possible time; any delay must be justified by unavoidable circumstances. Since the District Magistrate offered no explanation for the five-day delay, the detention order was set aside.
The lawyer headnote and full judgment text are available to registered users.