On HC's order Wangthoi walks out free from jail

    24-Jul-2021
|

On HC's order Wangthoi wa
OSR/Agency
IMPHAL, Jul 23 : Following the release of L Erendro who was arrested under NSA for a Facebook post on July 19, Wangkhemcha Wangthoi @ Kishorchandra (41) who was detained under NSA at Sajiwa Central Jail has also been released this evening at around 4.30 under a directive from the Manipur High Court.
Wangthoi was released on furnishing a PR bond of Rs 1 thousand.
The order was passed by Chief Justice Sanjay Kumar and Justice Kh Nobin after hearing the petition filed by Elangbam Ranjita,  wife of  Wangthoi of Keishamthong Moirangningthou Leirak.
The Court heard M Gunedhor, Counsel appearing for petitioner and M Athouba Khaidem Additional Public Prosecutor for the respondent.
During the hearing, the Court observed that Wangthoi is being detained under section 3(2) of the National Security Act, 1980 for a Facebook post, sardonically stating that cow dung and cow urine are not medicines for treating coronavirus and a similar Facebook post was put up by Erendro Leichombam at around the same time and he was also subjected to similar detention under the provisions of National Security Act.
Significantly the validity of the detention of Erendro Leichombam came up for consideration before the Supreme Court order passed an order on July 19 that continued detention of Erendro Leichombam would amount to violation of his right to life and personal liberty under Article 21 of the Constitution and directed to release him  upon his submission of a PR bond of Rs 1 thousand.
On the face of it, the Court observed that there is no distinction or difference between the case of Wangkhemcha Wangthoi @ Kishorchandra and Erendro Leichombam as both of them put up similar Facebook posts, critical of the utility of cow dung and cow urine in treating coronavirus.
The Court also opined that incarceration of Wangkhemcha Wangthoi would also be a violation of Article 21 of the Constitution.
The Court said : "We find that the detention of the petitioner's husband under the National Security Act, 1980, stems from a Facebook post, allegedly put up by him in Manipuri language, sardonically stating to the effect that cow dung and cow urine were not the medicine for treating coronavirus.
"A similar Facebook post was put up by one Erendro Leichombam at around the same time and he was also subjected to similar detention under the provisions of the NSA on May 17.
"We find no distinction or difference between the case of the petitioner's husband and that of Erendro Leichombam. Both of them put up similar Facebook posts, critical of the utility of cow dung and cow urine in treating coronavirus.
"As they stand identically situated, we are of the opinion that the continued incarceration of the petitioner's husband would be as much a violation of Article 21 of the Constitution, as it was in the case of Erendro Leichombam," the Court observed in its 3-page order.
On the other hand, the Court ordered that the operation of order dated May 17 passed by the Government of Manipur against Wangkhemcha Wangthoi @ Kishorchandra under section 3 (2) of the National Security Act 1980, shall stand suspended till the next date of hearing.