PANGSHA YINGLE Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India praying for issuance of a writ of Habeas Corpus and an order setting at liberty the detenue Shri L.Ali Phom who has been under detention since 24.8.2020 under NSA.

(2.) Heard Mr. Hisinlo, learned counsel appearing for the petitioner who is stated to be the wife of the detenue and also heard Mr. K. Wotsa, learned Sr. Government Advocate appearing for the State of Nagaland and Mr. Yangerwati, learned C.G.C. appearing on behalf of the Union of India.

(3.) On 16.7.2020, the detenue was arrested by the State Crime Police Station in connection with SCPC Case No.04/2020, registered under Sections 384/385/506/120 B/34 of IPC. Thereafter, he was remanded to police custody till 23.7.2020. On expiry of the police custody period he was remanded to judicial custody on 23.7.2020 by the Chief Judicial Magistrate, Kohima. While he was under judicial custody, the S.P.(Crime) Nagaland submitted a proposal to the Deputy Commissioner, Kohima for detaining him under NSA for the reasons that; if he is released he is likely to continue with his extortion activities and, there are chances also that he will influence the relevant witnesses and tamper with the evidence. On receiving the proposal of the S.P.(Crime), the District Magistrate Kohima issued a detention order dated 24.8.2020 in exercise of his powers conferred under Section 3(3) of the NSA wherein it was directed that the accused be detained and kept in Central Jail in Dimapur but, without mentioning the period of detention. On 1.9.2020, the Chief Secretary to the Government of Nagaland issued an order approving the order of detention issued by the District Magistrate Kohima until further orders. On the same day, the Under Secretary to the Government of Nagaland vide his letter No.CON/NSA/55/2000, requested Superintendent of Police (Crime) to serve a copy of the detention order along with its enclosures to the detenue and to explain to him the contents thereof in the language he understands, in the presence of at least 2 independent witnesses and at the same time to obtain a receipt thereof. After receiving the detention order along with its enclosures, the petitioner made a representation to the Special Secretary to the Government of Nagaland, Home Department (Political Branch) through the Sr. Superintendent of Jail, Central Jail Dimapur. The State Government, after considering the representation rejected the same and to that effect the Chief Secretary to the Government of Nagaland issued an order No. CON/NSA/63/2020/32, dated 28.9.2020. Thereafter, the detention of the detenue was referred to the NSA Advisory Board constituted by the Government of Nagaland under section 9 of the NSA, 1980. The Advisory Board, after going through the records came to the conclusion that the detention of the detenue under NSA is necessary. Thereafter, the State Government formed the opinion that the detention of the detenue should continue for the period upto 23.8.2021. Accordingly, the Chief Secretary to the Government of Nagaland issued the confirmation order No. CON/NSA/63/2020/365, dated 15.10.2020 ordering that, detention of the detenue should continue for the period upto 23.8.2021. Being aggrieved by the detention order and the subsequent orders of approval and confirmation mentioned above, the petitioner is here before this Court, challenging the same and praying for issuance of a writ of Habeas Corpus and an order directing that the detenue be set at liberty.