HEROT CHANG Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Sarif Ahmed, learned counsel for the petitioner; Mr. Moa Imchen, learned Senior Government Advocate appearing on behalf of the State Respondents and Mr. Yangerwati, learned CGC, appearing on behalf of the Central Government.

(2.) This is a petition under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to quash and set aside the Detention Order passed by the Commissioner of Police and District Magistrate, Dimapur, bearing No. CP/DMR/CB- 19/2021-22/2132 dt. Dimapur, 27/9/2021; the Approval Order passed by the Chief Secretary to the Government of Nagaland bearing No. CON/NSA/15/2021/ 111 dtd. 6/10/2021 and the Confirmation Order dated CON/NSA/15/2021/188 dtd. 24/11/2021.

(3.) The petitioner's case is that on 17/9/2021 the petitioner along with another were picked up by the 5th Assam Rifle in Chekiye Village, Dimapur. Thereafter, they were taken to the 5th Assam Rifle's Camp and brutally assaulted and threatened them to admit the seized items belonged to them. The petitioner along with another were handed over to the Diphupar P.S., Dimapur, Nagaland and an FIR was lodged by one RFM S.K. Laxana of the 5th Assam Rifle and on the basis thereof the Officer-in-charge registered a Diphupar P.S. Case No. 0063/2021 u/s 25 (1B) (a) Arms Act read with Sec. 384 of the IPC read with 7/8 of the Nagaland Security Regulation (NSR). The petitioner was, thereafter, produced before the Magistrate on 18/9/2021 with a prayer for 72 (seventy-two) hours Police remand which the Magisterial Court granted and directed the Investigating Officer to produce the petitioner along with another before the Court on 21/9/2021. Thereupon, on 21/9/2021 when the petitioner along with another were produced before the Magisterial Court, the said Court sent the petitioner on judicial remand to the Central Jail, Dimapur and the petitioner still continues to be under judicial custody.