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 Magistrate did not meet the requirement of the Section 3(3) of the Act. The order of detention was composite for 3(three) persons and material particulars in support of grounds of detention have not been furnished. The satisfaction required for detention was vitiated.

4. Notice was issued. Reply has been filed on behalf of the State Government by Deputy Resident Commissioner, Govt. of Nagaland, stating the notification dated 23.05.2011 has been issued by the State, authorizing the District Magistrates in the State to exercise the power of detention. Other averments made in the petition have been denied.

5. We have heard Mr. D.K. Mishra, Senior Counsel, assisted by Ms. Jahan, Advocate for the petitioner, Mr. C. Baruah, learned Central Govt. Counsel and Ms. A. Aier, learned Govt. Advocate, Nagaland.

6. Main contention on behalf of the petitioner is that extension of period for exercise of power of detention by District Magistrates for the period from 01.06.2011 to 31.08.2011 does not comply with the statutory requirement of satisfaction by the State Government in terms of Section 3(3) of the Act. Learned counsel for the State defends the impugned order.

7. We have given our consideration to the issue raised.

8. Notification dated 23.05.2011 is as under:

“In continuation of this Department's Notification of even number dated 24th February 2011, the Governor of Nagaland is pleased to extend the period in which the District Magistrates in the State can detain certain persons for a period of 12(twelve) days under the National Security Act, 1980 as empowered by the State Government in accordance with Section 3(3) of the said Act for another 3(three) months w.e.f. 01.06.2011 to 31.08.2011 till further orders.”

9. Section 3(3) of the Act is as under:

“If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate or a Commissioner of Police, the State Government is satisfied that it is necessary so to do, it may, by order in writing, direct, that during such period as many be specified in the order, such District Magistrate or Commissioner of Police may also, if satisfied as provided in sub-section (2), exercise the powers conferred by the said sub-section:

Provided that the period specified in an order made by the State Government under this sub-section shall not, in the first instance, exceed three months, but the State Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time.”

10. Learned counsel for the petitioner has submitted that as per scheme of the Act, the power of detention under Section 3(1) is with the Central Government or the State Government