1. This petition seeks quashing of order dated 13.06.2011 passed by the District Magistrate, Kohima, Nagaland under Section 3(3) of the National Security Act, 1980 (hereinafter referred to as the Act), directing detention of the petitioner to prevent him from acting in manner prejudicial to the defence of India, security of the State of Nagaland and maintenance of public order, as approved by the Govt. of Nagaland by order dated 23.06.2011.

2. It appears that the petitioner was already in judicial custody as under-trial in a criminal case alleging extortion of money from the Taxi drivers at the Taxi Stand, Kezieki, Kohima. He was alleged to be a member of FGN (an Insurgent Organization in the State of Nagaland). A proposal was received from the Superintendent of Police, Nagaland, that the petitioner be detained under the Act. On that basis impugned order of detention was passed.

3. Case of the petitioner is that his detention was illegal. His representation was not considered as required under the law and was mechanically rejected on 07.07.2011. No decision was conveyed on the representation by the State Government. Conferment of power of detention on the District Mag