BIHIE ANGAMI Vs. STATE OF NAGALAND & OTHERS

JUDGEMENT

(1.) Heard Mr. N. Dutta, learned counsel for the petitioner. Mr. KP Sarma, CGSC and Mr. P. Khataniar, Govt Advocate, Nagaland.

(2.) In this application under Art. 226 of the Constitution of India, the petitioner has prayed for quashing the impugned order of detention dated 1.7.95 passed by the Government of Nagaland, under sub-section (I) and (2) of section 3 of the National Security Act, 1980 (for short "the Act").

(3.) The main ground urged in this writ petition is that under sub-section (5) of section 3 of the Act. The State Government is obliged to report the fact of detention, within seven days from the date of passing of the order by the State Government to the Central Government together with the grounds on which detention order has been made and such other particulars as in the opinion of the State Government have a bearing on the necessity for the order. But in the present case, although a communication has been sent by the State Government on 6.7.95, no report in terms of sub-section (5) of section 3 of the Act has been submitted to the Central Government within the statutory period of seven days from the date of the order of detention. The further ground taken in this writ petition is that the detenu is a Naga and he does not know English language and yet the grounds of detention served on him were in English which he was not able to understand for the purpose of making his representation under Art. 22(5) of the Constitution.