TOKUGHA CHISHI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. A. Zho, learned counsel for the petitioner. Also heard Mr. K. Wotsa, learned Senior Government Advocate, Nagaland appearing on behalf of the respondent Nos. 1 and 2 as well as Mr. Z. N. Ngullie, learned C.G.C appearing on behalf of the respondent No.3.

(2.) This Habeas Corpus petition has been filed by the writ petitioner, who is the elder brother of the detenue i.e. Shri Boto @ Aboto Chishi, challenging the order of detention dated 11.05.2015 as well as the consequential orders passed in respect thereto, approving the detention and also confirming the same.

(3.) The brief facts of the case, as apparent from the records, is that the detenue, namely, Boto @ Aboto Chishi was arrested on 27.04.2015 by the Dimapur Police from the Murgipatti Naga Bazar on the ground that he was in possession of demand notes amounting to Rs. 25,000/- and was, therefore, indulging in extortion activities. A Police Case bearing No. 0073/2015 was registered under Section 384 IPC read with 7 NSR. While the accused was in judicial custody in connection with the aforesaid case, the Commissioner of Police, Dimapur, Nagaland had written a letter dated 06.05.2015, requesting the District Magistrate, Dimapur to book the detenue under the provision of National Security Act, 1980 (hereinafter referred to as NSA) as he was trying to commit the crime of extortion and his release from custody would be detrimental to the peace and security of the State.