HOKUTO SEMA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the petitioner who is the brother-in-law of the detenue Hokuto Sema, has challenged the order of detention dated 14.8.97, Annexure-3, passed by the respondent State, in exercise of its power u/s 3 of the National Security Act, 1980, and prays for issuance of a Writ of Habeas Corpus. The grounds of detention, as served on the detenue, are as follows :

(2.) The basic material facts constituting the above noted grounds are contained in Schedule, which is reproduced below : "Mr. Hokuto Sema a Self Styled Lieutenant of the banned underground organisation named and styled National Socialist Council of Nagland (Khaplang Faction) was arrested by Security Forces on 10.11.96 from Tourist Lodge, Kohima together with two other accomplices from his possession one prohibited bore weapon i.e. '3B Revolver (Smith & Wesson brand) spring field with Registration Number J-334417 made in United States of America together with 5 rounds of '3B ammunition were recovered. An amount of Rs. 5544/- in cash extorted by his gang from innocent citizens and some currency notes of foreign countries Nepal & Bhutan were also recovered from his possession. Mr, Hokuto Sema (SS Lt) has been found to be an active member of the armed wing of the aforesaid organisation which was banned by the Government of India in Consultation with the Government of Nagaland State vide Notification No. 50917 (E) dated 27.11.90 issued by the Ministry of Home Affairs. He has been indulging in subversive, anti-social and antinational activities ever since he joined the aforesaid organisation on 1.3.1991. His illegal activities included forcible collection of so called tax to the paralle underground Government run by the aforesaid organisation extortion robbery, dacoity killing of innocent persons to terrorise the people for obtaining their support to foe organisation he belongs and attacks on Security Forces. He has also been actively taking part in waging war against constitutionally established Governments of India and the State of Nagaland with secessionist motive. To active this aim the said Mr. Hokuto Sema (SS Lt) had procured arms and ammunitions and the recoveries made from him established his involvement in the illegal activities. Mr, Hokulo Sema (SS Lt) was in the Issac-Muivah faction of the aforesaid organisation till 1994 and was important member of the so called EB Battalion which is an unit of the illegally raised army for waging war against the Government of India. He had taken part in number of operations against Security Forces and civilian officers. He was also a member of Dimapur Town Command during 1995-96 and in that capacity he was instrumental in series of looting and killings of innocent citizens. From the report from the Security Forces and Police and the recommendation of the Superintendent of Police, Kohima District, the District Magistrate of Kohima District and the Commissioner of Nagaland it is quite evident that this is a fit case for detention under the provisions of the National Security Act, 1980 as the individual has been indulging in activities prejudicial to the Security of the State of Nagaland, the Union of India and maintenance of Public order. Considering all these aspects of the case against him Mr. Hokuto Sema (SS Lt) of NSCN (K) organisation is to be detained under the provisions of the aforesaid Act with a view to prevent him from further acting in any manner prejudicial to the security of the State of Nagaland and maintenance of public order. Although he is involved in Kohima (South) PS Case No. 0127/96 U/S 120-B, IPC, read with Section t/8 NSR and Section 10/13 UA(P) Act and presently in judicial custody, there is every likelihood of his being released on bail. Hence the necessary for detaining him under NSA. (Relevant documents in support of the grounds of detention are enclosed as Appendix I, II, III & IV)."

(3.) Going through the grounds of detention and the basic material, we do not have the slightest hesitation in holding that these grounds are proximate in point of time, they are germane to, and have a nexus with the object sought to be achieved by passing the order of detention.