MOWU Vs. SUPERINTENDENT SPECIAL JAIL NOWGONG ASSAM

JUDGEMENT

(1.) This petition for Habeas Corpus is by one L. Sbiza for and on behalf of Mowu Angami challenging his present detention in the Special Jain at Nowgong, Assam.

(2.) Mowu Angami was first detained by an order dated March 18, 1969 Under Section 3 of the Preventive Detention Act, 1960. The order was confirmed by the Central Government and was to continue till March 18, 1970. As the Act was about to expire, he was released on December 30, 1969 from the Jain in Delhi where he was detained and was immediately arrested. Since then he has been in jail first in Delhi and Now in Nowgong.

(3.) The petition challenges his detention on the grounds; (i) that he has, since December 30, 1969, never been produced before a magistrate in violation of the requirements of Article 22(2) of the Constitution; (2) that since he has been detained in Nowgong Jail and not in Nagaland, the Cr. PC applies to his case; hence, as required by Section 167 of the Code, it was incumbent on the part of the police authorities to produce him before a magistrate. There being thus non-compliance of sec, 167, his detention is also in violation of Article 21 and (3) that the authorities have so far failed to disclose to him the reasons for the continued detention. On these three grounds the detention is said to be in contravention of law, and therefore, illegal.