SHENUNGCHA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. P. Surien, learned counsel for the Petitioner, and Mr. V. Zhimomi, learned Government Advocate appearing on behalf of the State.

(2.) This is 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, vide No. CP/DMR/CB-19/2021-22/2204, dtd. 4/10/2021; the Approval Order vide No. CON/NSA/20/2021/118, dtd. 8/10/2021; and the Confirmation Order vide No. CON/NSA/20/2021/192, dtd. 24/11/2021, and for a direction, that the Respondents immediately release the Detenue. The case of the Petitioner in brief is that, on 29/9/2021, at around 00:30hrs, a search operation was launched by the 7th Assam Rifles, alongwith Police representatives at the house of the Detenue (the husband of the Petitioner) which allegedly led to the recovery of one .32 pistol, one magazine and two rounds of .32 pistol. On the basis thereof, the Detenue was apprehended on allegation of illegally possessing the seized items. On the same date, i.e., on 20/9/2021, Nb/Sub Dalbir Singh lodged an FIR with the Chumukedima Police Station and handed over the Detenue to the Chumukedima Police. On the basis of the said FIR, a case was registered against the Detenue vide Chumu-kedima P.S. Case No. 0063/2021 under Sec. 25(1B)(a) of the Arms Act, read with 7/8 of the Nagaland Security Regulation (NSR). In respect to the said arrest of the Detenue, and on the basis of a prayer made by the Investigating Officer, the Detenue was put to 72 hours Police remand vide order of the Magistrate. Subsequently, after the expiry of the 72 hours, when the Detenue was produced he was forwarded to judicial custody for 15 days. It is the specific case of the petitioner that the Detenue is still in judicial custody.

(3.) While in judicial custody in the Central Jail, Dimapur, the facts as would further reveal from a perusal of the record, is that, Respondent No. 3, i.e., the Commissioner of Police and District Magistrate, Dimapur, had passed the Detention Order vide No. CP/DMR/CB-19/2021/22/2204 dt. 4/10/2021. The said Order for the sake of convenience is hereinafter referred to as the Detention Order. At this stage, it may be relevant to mention that a perusal of the Detention Order dtd. 4/10/2021 do not in any manner reflect that the Detaining Authority had taken into consideration that the Detenue was in judicial custody and he is likely to be released on bail and if he is released on bail, he would indulge in activities which are prejudicial to public interest. Even the Grounds of Detention also does not take into consideration the said aspect of the matter. In the Schedule to the said Grounds of Detention, though it has been reflected that the Detenue is presently under judicial custody at Central Jail, Dimapur, but there is no mention whatsoever, that there are reliable materials before the said authority on the basis of which it could have reasons to believe that there was a real possibility of the Detenue to be released on bail and further on being released he would probably indulge in activities which are prejudicial to public order.