JUTIKA CHAKRABORTY Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. A. Zho, learned counsel for the petitioner and Mr. K. Wotsa, learned Government Advocate. By this application under Article 226 of the Constitution of India, the petitioner has challenged the detention of her husband Santosh Chakraborty ordered on 25.6.2013 by the District Magistrate, Dimapur which was approved by the appropriate Government on 5.7.2013.

(2.) On 18.6.2013, the petitioner's husband was arrested in connection with Dimapur East PS Case No. 130/13 under Section 384 IPC read with Section 25(1-A) of the Arms Act alleging that on being tipped off, the security personnel recovered a pistol and incriminating documents from him and on investigation it was found that he had been involved in extorting money from businessmen on behalf outlawed organization. Subsequently, on 21.6.2013 a proposal was made to the District Magistrate by the Superintendent of Police Dimapur for detaining the petitioner's husband under National Security Act. Accordingly, on 25.6.2013 an order was passed by the District Magistrate applying sub section (3) of Section 3 of the National Security Act 1980. In the proposal letter dated 21.6.2013 sent by the Supdt. of Police Dimapur, it was opined as follows:

(3.) The detenue was informed of his right of making representation to the detaining authority, Central Government and the State Government through the concerned Jail authority. It was also mentioned that he had the right to claim personal hearing before advisory board constituted by the appropriate Government under the National Security Act, 1980 (hereinafter referred to as 'the Act'). The appropriate Government approved the detention on 5.7.2013 for 12 months w.e.f. 25.6.2013. The petitioner appears to have made a representation to the Government on 9.7.2013 and the same was rejected on 17.7.2013.