MERRY ALIAS MALU Vs. STATE OF NAGALAND

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the petitioner Mrs. Merry Ramson, wife of the detenue Hanshi Ramson, seeks to challenge the detention order dated 15.10.96, passed by respondent No. 2 in exercise of powers u/s 3 (2) (1) of the National Security Act, 1980 (for short the Act) and prays for issuance of a Writ of Habeas Corpus.

(2.) Few basic facts need be noted. The detenue was arrested by Army Personnel on 29.9.96 On 30.9.96, a Habeas Corpus petition was filed praying for a direction for his release from illegal confinement of the Army. By order dated 1.10.96 Army authorities were directed to immediately hand over the detenue to nearest police station. Accordingly he was handed over to Dimapur Police Station on 3.10.96, along with an FIR which led to the registration of a case u/s 395/120/120B/121/ 121 A/122 and u/s 8 of the Nagaland Security Regulation read with Section 10/13 of Unlawful Activities Prevention Act, and 25 (I) (b) (a) of Arms Act against the detenue. On 11.10.96 an application for bail was moved before Deputy Commissioner (J), Dimapur but the same was rejected. The detenue was detained in Dimapur East Police Lock Up till 14.10.96 and thereafter shifted to Chumukedima 1st N.A.P. Jail on 15.10.96, and told that he was being detained under the Act. The detention order dated 15.10.96, Annexure-2 reads as follows: "NO. CON - NSA/120/96:: Whereas the State Government of Nagaland is satisfied that with a view to prevent Shri SS. Col. Hanshi Ramson Tangkhul NSCN (IN) son of Shri Lungrei Tangkhul from acting in any manner prejudicial to the defence of India, Security of the State of Nagaland and maintenance of public order, it is necessary to detain him under Sub-section (1) and (2) of Section 3 of the National Security Act, 1980. Now, therefore, in exercise of powers conferred by sub-section (1) and (2) of Section.3 of the said Act, the State GOVt hereby orders that Shri SS. Col. Hanshi Ramson Tangkhul be detained and kept in the subsidiary jail Chumukedima. Sd/- L. Colney, Addl. Chief Secretary to the Govt. of Nagaland. The grounds of detention as supplied to the detenue read as follows : 1. Defence of India. 2. The Security of the State of Nagaland. 3. The maintenance of public orders

(3.) The particulars as contained in the Schedule, amongst other things include a brief history of the detenue, his alleged involvement in underground activities, offences, such as, bank robberies, attacks on and ambush of army personnel/party, major acts of violence numbering twelve, including snatching of arms from security personnel, for waging an armed rebellion against the established Government, thereby endangering the Security of the State and Defence of India. Detenue's complicity as alleged in Bank robberies, involving huge amounts for purchase of sophisticated arms and ammunition to cause an armed rebellion, has also disrupted maintenance of public order. Ever since the detenue joined underground set up in 1974, his activities have continued unabated, as can be seen from the Schedule, eventually attaining the rank of Deputy Chief of Army Staff of Naga Army N.S.C.N. (I.N.) in March, 1996.