LONGLEM PHOM Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This is an application filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus and/or any other appropriate writ, order or direction for release of the detenue namely Shri Chingi Phom who has been under detention following the order of detention passed by the District Magistrate No.LLG/CON-33(Pt-1)/2009-10/92, dated 29/9/2016 which was approved by the Government of Nagaland vide order No. CON/NSA/47/2016/345, dated 5/10/2016 issued by the Special Secretary to the Government of Nagaland and confirmed on the advice of the NSA board by the same Government vide confirmation order No.CON/NSA/47/2016/366, dated 2/11/2016.

(2.) As submitted by Mr. Thiba Phom, learned counsel for the petitioner and Mr. K. Wotsa, learned Sr. Government Advocate, the detenue was arrested on 19/9/2016 at 1.00 AM from his residence by personnel of 44th Assam Rifles and handed over to the Longleng police station the next day i.e.20/9/2016 along with seizure memo which shows seizure of one AK-47, 48 live rounds of 7.62 mm, 3 magazines of AK-47 rifles, 30 metres of flexible wires, extortion slip, one notice/letter of FGN. The Longleng police then registered Longleng P.S. case No.17/16, under section 384 IPC, section 7/8 of NSR read with section 25(1A) Arms Act and produced him before the Chief Judicial Magistrate Longleng who remanded him to police custody and to judicial custody after the period of police custody was over. While he was in jail, the District Magistrate Longleng vide his detention order mentioned above ordered for his detention for 12 days under sub section 1 (a) and (2) (4) of section 3 of NSA 1980 and to be kept in Central Jail Dimapur. Thereafter on 5/10/2016, the detention order issued by the District Magistrate Longleng was approved by the State Government and to that effect the order, No. CON/NSA/47/2016/345, dated 5/10/2016 was issued by the Special Secretary to the Government of Nagaland. As per the provisions of the NSA Act, the case of the petitioner was referred to the Advisory Board constituted under the Act and following the Board's advice, the Government of Nagaland ordered detention of the detenue for a period of one year from the date of detention vide order No.CON/NSA/47/2016/366 dated 2/11/2016 issued by the Special Secretary to the Government of Nagaland.

(3.) The grounds on which the petitioner has prayed for release of the detenue are as follows: