J SANGWO JANGER Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. Yanger Wati, learned counsel for the petitioner/detenu and Mr. N. M. Jamir, learned Government Advocate appearing for the respondents No. 1, 2, 3 and 4 and Mr. T.B. Jamir, learned C.G.S.C. for the respon-dent No. 5.

(2.) THIS application under Article 226 of the Constitution has been filed challenging the detention order dated 08.02.11, approval order dated 15.02.11 of the aforesaid detention and also the order dated 21.03.11 confirming the detention of the petitioner.

(3.) WE have carefully gone through the offi-cial records produced by the Mr. N. M. Jamir, learned Government Advocate. From the records, we find that the Special Secretary to the Government of Nagaland, Home Department, Political Branch, referred the petitioner along with another detenu before the Advisory Board vide letter No. Con/NSA/55/97 dated 25.02.11. The said letter was received by the Secretary to the Advisory Board on 02.03.11. In the said letter, it is specifically stated that no representation has been submitted by the detenu. The petitioner was produced before the Advisory Board on 12.03.11. and 13.03.11. His case was cons-idered by the Advisory board. The Board observed that the case has been referred within time as required under Section 10 of the Act. It also observed that grounds of detention dated 15.02.11 were furnished to the detenu on 19.02.11 and as such, the provisions of Section 8 of the Act has been duly complied with. It is however, observed that the detenu has not filed representation. On the other hand, the respondent authorities in their affidavit-in opposition stated that the petitioner's representation dated 18.02.11 was received and necesary steps were taken by the State authority concerned. For a clear appreciation, paragraph No. 7 of the said counter affidavit is quoted hereunder:-