PULOTO KIHO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The petitioner wno is the younger brother of the detenue, Shrt Zutovi Sema, has filed this petition under Article-226 of the Constitution of India, challenging the detention order dated 20th February, 1997. Annexure- 4, passed by the respondent, Govt. of Nagaland in exercise of its powers u/s 3 of the National Security Act, 1980, hereinafter referred to as the Act'. The grounds of detention reads as follows: "GROUNDS OF DETENTION Shri Zutovi Sema SS Speaker NSCN (IM) S/o Ghuzuhe Sema of Mishimi Village, Zunheboto District, Nagaland Whereas the State Government of Nagaland have made detention order against you under sub-section (I) and (2) of Section 3 of the National Security Act, 1980. Now, therefore, in pursuance of the provisions of Section 8 of the said Act the State Government do hereby inform you that the said detention order has been made against you on the following grounds - 1. That your activities in the capacity of a Self Styled Speaker of NSCN (IM) are unlawful association are found to be prejudicial to :- (a) Defence of India, (b) Security of the State of Nagaland and (c) Maintenance of Public Order. 2. That in the event of you release from custody you are likely to indulge in activities prejudicial to the above three matters unless you are detained under the provisions of aforesaid Act 3. The particulars which have a bearing on the matters are specified in the schedule attacjed. 4. You are also informed that you have a right to make a representation to the State Government against the above said order through the concerned Jail authorities. You have also a right to claim a personal hearing before the Advisory Board constituted the State Government under the aforesaid Act. SoV- C. P. GIRI, IPS Secretary to the Govt. of Nagaland. Enclosures:

(2.) The above grounds of detention are further supported by a Schedule, containing the basic facts constituting the grounds of detention. It is also reproduced hereunder for ready reference.

(3.) By order dated 18.3.97 notices were directed to be issued, accordingly the respondents have filed their counter affidavits and the petitioner has also filed an affidavit- In-reply on 28,4.97.