AKOLE CHAKHESANG Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Ms. Mhabeni, learned counsel for the petitioner as well as Ms. Livika, learned Government Advocate for the respondents.

(2.) Personal liberty of an individual is the most precious and prized right guaranteed under the Constitution in Part-III thereof. The State has been granted the power to curb such rights under criminal laws as also under the laws of preventive detention, which, therefore, are required to be exercised with due caution as well as upon a proper appreciation of facts as to whether such acts are in any way prejudicial to the interest and the security of the State and its citizens or seeks to disturb public law and order, warranting the issue of such an order. In the backdrop of the above, let this Court take into consideration the facts involved.

(3.) The petitioner in the instant writ proceedings is the wife of one Mr. Talimbo Zeliang, who by invoking the jurisdiction under Article 226 of the Constitution, has challenged the Detention Order dtd. 26/7/2023 passed by the District Magistrate cum Deputy Commissioner, Kohima; the Government Approval Order dtd. 7/8/2023 issued by the Chief Secretary to the Government of Nagaland and the Confirmation Order dtd. 17/10/2023 issued by the Chief Secretary to the Government of Nagaland. From a perusal of the writ petition, it appears that the husband of the petitioner, Mr. Talimbo Zeliang was arrested near Kidema Prayer Park area, under Kohima District on 5/7/2023 by Police personnel, while he was travelling from Dimapur to Phek in a taxi. The ground of arrest was on account of alleged possession and seizure of prohibited ammunitions containing 200 Nos. of SLR ammunitions. On the basis thereof, a case was registered, being Kezocha PS Case No. 005/23 under Sec. 25 (1A) of the Arms Act, 1959 (for short, the Act of 1959), read with Sec. 120B of the Indian Penal Code. Thereupon, the husband of the petitioner was produced before the Chief Judicial Magistrate, Kohima on 6/7/2023, and the case being GR Case No. 95/2023 was registered. After the production of the husband of the petitioner, he was kept in Police remand for 10 (ten) days, after which he was remanded back to judicial custody and was kept in the District Jail, Kohima. A Bail Application was filed through the uncle of the husband of the petitioner, one Shri Tahika-mbou Zeliang, before the District and Sessions Judge, Kohima on 27/7/2023. However, on that very date, it was informed to the Court that the Detention Order dtd. 26/7/2023 was passed by the District Magistrate cum Deputy Commissioner, Kohima against the husband of the petitioner for which the said Bail application was kept pending.