MESUVILE Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India filed by the detenu praying for his release from detention under section 3(2) of National Security Act, 1980 which was carried out as per the order No. DCK/CON/NSA/01/2016/16, dated 22/7/2016 of the District Magistrate, Kohima and approved by the State Government, vide order No. CON/NSA/36/2016/260, dated 29/7/2016, issued by the Special Secretary to the Government of Nagaland and also confirmed on the advice of the Advisory Board by the State Government, vide order No. CON/NSA/36/2016/390, dated 29/8/2016, issued by the same Special Secretary to the Government of Nagaland.

(2.) The facts leading to the detention of the detenu are as follows:- On 15-7-2016, at about 18.30 hrs., the detenu was arrested near BOC Kohima, by the personnel of 9th AR, following information received by them that extortion/tax collection was being carried out by the cadres of NSCN-IM around that area. At the time of his arrest, cash amounting to Rs.2775/-, one Nokia mobile phone (Model No.201) with Aircel sim card, driving licence (No.0120130030028) and one Pan Card (No.BSAPD 2503 E) were seized from his possession. Thereafter, he was taken to the camp of the 9th AR. On the same day, the AR filed an FIR at Kohima South P.S stating that the detenu during his interrogation has revealed that he is an active member of NSCN-IM Military wing since 2008 and he has been collecting illegal tax on the instruction of his higher ups and at the time of his arrest, he was on his way to collect tax from BOC area Kohima, and on that day he had collected tax from 6 shops by giving receipt for the same. It is also stated in the FIR that the detenu disclosed that he was the body guard of Finance Kilonser of NSCN-IM, and his Army No. is 40943, and his rank is SS Sergent Major. It was requested in the FIR that a case be registered against the detenu, and he be booked under UAPA, 1967, NSR Act and NSA Act, 1980. Further, it was also requested in the FIR that to facilitate further interrogation, at least 3 days judicial remand in police custody may be taken. Following the FIR, a Case No.0043/206 was registered by the South Police Station.

(3.) While the detenu was in jail under judicial custody, the District Magistrate, Kohima, after examining the facts and evidence of the case based on police report was satisfied that with a view to prevent the detenu from acting in any manner pre judicial to the security of the State and in the maintenance of public safety and order, it was necessary to detain him under Section 3(2) of the NSA 1980, therefore, passed the order dated 22/7/2016 so that the detenu be detained and kept in Central Jail Dimapur. Thereafter, the detenu was informed of the detention order, the grounds given for the same and his right to make representation to the detaining authority, Central Government and the State Government through the concerned jail authorities. He was also informed that he has a right to claim personal hearing, before the Advisory Board, constituted by the State Government under the Act. On 29-7-2016, the Special Secretary to the Government of Nagaland, issued an order No.CON/NSA/36/2016/273, dated 29/7/2016, wherein the order of detention issued by the District Magistrate, Kohima was confirmed. On the same day, the detenu made a representation to the Central Government through the Secretary, Government of India, Ministry of Home Affairs, and to the State Government through the Chief Secretary, the Special Secretary, Home Department (Political Branch), the Secretary National Security Advisory Board, Director General of Prisons and the District Magistrate, Kohima. The representation submitted to the State Government was rejected by the State Government vide order No. CON/NSA/36/2016/273, dated 8-8-2016 issued by the Special Secretary to the Government of Nagaland. The Advisory Board, considered the detention of the detenu and they were of the opinion that there was sufficient cause for detaining the detenue under the NSA Act, 1980. Accordingly, they advised the State Government. The State Government after receiving the advice and, in exercise of the powers conferred by clause (1) of Section 12 of the NSA Act, 1980 confirmed the detention order of the detenu vide order No. CON/NSA/36/2016, dated 29-8-2016.