ABDUL HASIM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition seeks quashing of order of detention dated 03.12.2011 passed by the District Magistrate, Dimapur, under Section 3 of the National Security Act, 1980 and approval granted to the detention by the Government of Nagaland vide order dated 13.12.2011 under Section 3(4) of the Act.

(2.) CASE of the petitioner is that he was in judicial custody since 24.11.2011 in connection with DPR Police Station CASE No. 0127/2011 registered under Section 334/506/384/121 IPC read with Section 7/8 of the NSR, 1962. The District Magistrate, acting as a detaining authority, purporting to be being satisfied that with a view to prevent the petitioner from acting in a manner prejudical to the defence of India, security of State of Nagaland and maintenance of public order, directed that he be detained. Under Section 3(4) of the Act, detention beyond 12 days could be continued only if the same was approved by the State Government. While order dated 13.12.2011 granting such approval was passed but the same having not been passed in accordance with law, continued detention of the petitioner was not valid. Representation of the petitioner against the order of detention was rejected as per letter dated 19.12.2011.

(3.) THE record has been produced by the State, as per order dated 23.02.2012. It is not disputed that the Minister has not signed the order of approval of detention nor authorized making of such order to any other officer.