LAKMIMONGSANG Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This petition is by the wife of the detenue named Shri Kamal Khartu Mongsang. On 08.11.2003, the detenue was served with an order of detention dated 06.11.2003 issued by the State Government of Nagaland under the signature of the Additional Chief Secretary (Home), Government of Nagaland detaining him under sub-section (1) & (2) of Section 3 of the National Security Act, 1980. The detenue was also served with the particulars in support of the grounds of detention on 08.11.2003 along with the order of detention. After service of the detention order and grounds of detention, the detenue has not made any representation either to the State Government or to the Central Government. On 11.12.2003 the Secretary to the Government of Nagaland issued an order confirming the detention is exercise of powers under subsection (1) and (2) of Section 12 of the National Security Act, 1980. The order of detention dated 06.11.2003 may be reproduced hereunder, which reads:

(2.) From the aforesaid order, it is clear that the detenue was detained for acting in a manner prejudicial to the security of the State of Nagaland and maintenance of public order. Thus, the order of detention is on two counts (1) security of the State of Nagaland and (2) the maintenance of public order. The order of confirmation issued by the Secretary to the Government ofNagaland, Home Department on 11.12.2003 refers to the opinion of the Advisory Board that the detention of the detenue is justified under the National Security Act, 1980 and his detention will be necessary in order to prevent him from further indulging in activities highly prejudicial to the Defence of India, security of the State of Nagaland and maintenance of public order. After referring to the opinion of the Advisory Board the order of detention was confirmed by the Secretary to the Government of Nagaland, Home Department by order dated 11.12.2003.

(3.) Heard Mr. A. Das, learned counsel for the petitioner, Mr. N.N.B. Choudhury, learned government Advocate for the State of Nagaland and Mrs. G. Sinha, learned CGSC.