J.M.Shelat,J.

(1) THIS petition for habeas corpus is by one L. Shaiza for and on behalf of Mown Angami challenging his present detention in the Special Jail at Nowgong, Assam.

(2) MOWN Angami was first detained by an order, dated 18/03/1969 under S. 3 of the Preventive Detention Act, 1950. The order was confirmed by the central government and was to continue till 18/03/1970. As the Act was about to expire, he was released on 30/12/1969, from the Jail in Delhi where he was detained and was immediately arrested. Since then he has been in jail first in Delhi and now in Nowgong.

(3) THE petition challenges his detention on the grounds: ( 1 ) that he has, since 30/12/1969, never been produced before a Magistrate in violation of the requirements of Article 22(2) of the Constitution; (2) that since he has been detained in Nowgong Jail and not inNagaland,thedode of Criminal Procedure applies to his case; hence, as required by S. 167 of the Code, it was incumbent on the part of the police authorities to produce him before a Magistrate. There being thus non-compliance of S. 167, his detention is also in violation of Article 21 ; and (3) that the authorities have so far failed to disclose to him the reasons for his continued detention. On these three grounds the detention is said to be in contravention of law, and therefore, illegal.

(4) THE counter-affidavits filed on behalf of the State of Nagaland disclose that the petitioner and some 131 others belong to the "hard core of the hostile Nagas", that they along with other hostile Nagas launched a violent agitation for the separation of Nagaland and its establishment as a separate sovereign State, that in pursuance of the said objective they collected men and materials, formed a government calling it the Naga Federal government and organised a Naga army with the object of waging war against the Government of India, that a large number of them have been visiting Pakistan and China for receiving military training and procuring arms and ammunition, and that the petitioner styling himself as the Commander-in- Chief of the Naga army also surreptitiously visited China for the aforesaid purposes between 1966 and 1968. The Security Forces deployed at the border arrested the petitioner and some others while they were returning from China, seized from them arms and ammunition manufactured in China brought by them from that country together with a large number of documents of incriminating character and also currency, both Indian and foreign. At the time of their apprehension by the Security Forces, the petitioner and others with him were in Chinese military uniforms.

(5) ON their arrest, as aforesaid, the government of India, for reasons of security and maintenance of public order, passed orders of detention under the Preventive Detention Act, 1950 and detained them in different jails, the petitioner being detained in a Delhi Jail. In the meantime, one Lt. Col. H. L. Sethi, the General Staff Officer, Intelligence Grade I, made a report to the government of the State of Nagaland. On a study of the said report, the State Government authorised, by its order, dated 18/12/1969, the said Sethi to lodge a complaint under S. 120-B, 121, 121-A and 122 of the Penal Code and certain other provisions and to prosecute the petitioner and the said 131 other persons.

(6) THE order-sheet of the court of the District Magistrate, Kohima, produced before us shows that on 22/12/1969, the said Sethi filed a complaint against the petitioner and others through the Chief secretary of the State government. On 23/12/1969, the District Magistrate also received a first information report filed at the Kohima police station charging the petitioner and others under the aforesaid provisions. The order-sheet further indicates that on that very day an application was made before the District Magistrate by the officer in charge of Kohima police station for issuance of non-baila