ZUBENI Vs. STATE OF NAGALAND AND OTHERS

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the Petitioner who is the wife of detenu Atoi Tangkhul, prays for issuance of a writ of Habeas Corpus, passed against him by Respondent No. 3 the Addl. Chief Secretary to the Govt. of Nagaland.

(2.) Basic facts leading to the detention order are- The detenue who claims to be running a Girls Hostel, at Chumukidema, near Patki Christian College Dimapur, was arrested by Army personnel on 30.6.96 around 2.30 A.M. Later on 18.6.96 he was handed over to Police, who arrested him Under Section 7 of Nagaland Security Regulation, and Sections 10-13 of Unlawful Activities (Prevention) Act. On 8.7.96 he was ordered to be released on bail by the Court. Thereafter on 27.9.96 the impugned order of detention Annexure-1 was passed by Respondent No. 3 Under Section 3(1)(2) of the National Security Act (for short the Act.)

(3.) The grounds of detention are set forth in Annexure-II which is reproduced hereunder: