IMLILEMLA LONGKUMER Vs. STATE OF NAGALAND AND

JUDGEMENT

(1.) Heard Mr. Limawapang, learned counsel for the petitioner, Mr. E. Thiba Phom, learned State counsel for the State respondent Nos. 1 to 4 and Mr. Yangerwati, learned CGC for the respondent/Union of India.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner prays for issuance of writ in the nature of habeas corpus for setting the detenue detained in Central Jail, Dimapur, Nagaland, at liberty. Be it stated herein above that the instant petitioner is the wife of the detenue.

(3.) It is the case of the petitioner that pursuant to the Report submitted by the Deputy Commissioner of Police, Chumukedima, Nagaland, to the Commissioner of Police, Dimapur, on 24/7/2023, the detention of the detune was recommended under Sec. 3(1)&(2) of the National Security Act (NSA). The detenue was arrested in connection with Sovima P.S. Case No. 0014/23 under Sec. 120B IPC read with Sec. 25(1A)(1AA) Arms Act read with Rule 7/8 NSR wherein a large amount of prohibited ammunition was recovered by the Police. Accordingly, the Commissioner of Police vide Order dtd. 31/8/2023, in exercise of the powers conferred by Sec. 3(3) of the NSA ordered the detention of the detenue in Central Jail, Dimapur, Nagaland. The Commissioner of Police then sought the approval of the State Government vide his Communication dtd. 31/8/2023 and accordingly, the State Government, vide Order dtd. 11/9/2023, in exercise of the powers conferred under Sec. 3(2) of the NSA on being satisfied that the detention of the detenue was necessary directed his detention for initial period of three (3) months w.e.f. the date of detention till 30/11/2023 and that the detention will be reviewed as per the NSA.