BIJON KIHO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Imti Longjem, learned counsel for the petitioner/detenue as well as Mr. K. Wotsa, learned Senior Government Advocate appearing for the State respondents. None appears for the respondent No. 5 i.e Union of India.

(2.) The petitioner/detenue was arrested on 27-11-2014 alongwith another from Dimapur and he was implicated in connection with Dimapur East P.S Case No. 252/14 under Sections 25 (1A) of the Arms Act read with 7 NSR. Thereafter, the petitioner/detenue was released on interim bail by an order dated 02-12-2014 passed by the learned Chief Judicial Magistrate, Dimapur. The petitioner/detenue was again rearrested on 12-12-2014 by detention order dated 08-12-2014 passed by the District Magistrate, Dimapur. The petitioner/detenue was also furnished with the detention order dated 08-12-2014, grounds of detention and the schedule thereto the letter dated 08-12-2014 written by the District Magistrate, Dimapur, Nagaland to the Principal Secretary, Home, Nagaland, Kohima for approval of the detention order and the letter dated 08-12-2014 addressed to the detainees informing the right of representation against such detention.

(3.) The petitioner/detenue thereafter, submitted a representation dated 20-01-2015 which was forwarded by the Jail Authority by forwarding letter dated 20-01-2015 to the Central Government along with the copy endorsed to the State Government, detaining authority and the advisory board. Thereafter, the State Government issued order dated 15-12-2014 approving his detention. Consequently, confirmation order dated 27-01-2015 was issued by the State Government.