JUDGMENT :

Songkhupchung Serto, J.

1. This is a petition under Article 226 of the Constitution of India praying for quashing and setting aside the detention order dated 29.09.2020 issued by the Commissioner of Police & District Magistrate, Dimapur by which the petitioner's husband namely, Mr. Hokheto Zhimomi (who shall hereafter be referred to as the detenu) was detained under NSA and the orders dated 09.10.2020 and dated 27.11.2020, issued by the Chief Secretary, Government of Nagaland approving and confirming the detention order respectively.

2. Heard Mr. P.B. Paul, learned counsel appearing for the petitioner assisted by Mr. Pfosekho and also heard Mr. K. Angami, learned P.P. appearing for the State of Nagaland.

On 04.09.2020, the detenu was arrested in connection with SBN P.S. C/No./83/2020, u/s. 384 IPC read with S. 7 NSR following a complaint lodged by a Police personnel which stated as follows :

"To,

The Officer in-charge

Sub-Urban Police Station, Dimapur

Sub:- FIR

Sir,

I have the honour to state that on 04.09.2020 at around 11:30 Hrs, while doing surveillance duty at GS Road area, information was received from reliable sources about some miscreants collecting yearly tax in the name of UG faction. In this regard, AET Zone II team members swung into action and while surveying, one person was apprehended from GS road area namely; (i) Hokheto Zhimomi (Leacy, UT-I; NSCN-U). Upon frisking, the following items were recovered from their possession namely (i) Handbook (dairy) containing datas on amount collected from shops within Dimapur Town, (ii) Cash amounting to Rs. 29,660, (iii) One mobile phone (1 Nos.) and, (iv) Assignment order slips- 3 Nos. and (v) Gypsy-white (UR), (vi) Ignition key and vehicle documents

Initially, upon further interrogation, he denied of having any involvement with any of the actions but upon checking the P.O. another vehicle (Gypsy-white) was also recovered. Upon checking the vehicle thoroughly, assignment order slips (3 Nos.) belonging to GPRN were also recovered from the vehicle (Gypsy-white colour), which was used by the miscreants for the commission of crime).

In the event of the above, I therefore request your kind authority to kindly take necessary action as per provision of the law.

Dated: 04.09.2020

Dimapur, Nagaland

Sd/- (ABC Abel Angami)

Anti-Extortion Team, Zone II

Dimapur : Nagaland

Ph. No. 9856449748."

After the Police remand period was over, on 08.09.2020, he was remanded to judicial custody. Soon after his remand to judicial custody, the Deputy Commissioner, Zone-II Dimapur submitted a proposal to the Commissioner of Police & District Magistrate, Dimapur for detaining him under section 3(1) and (2) of the NSA in order to prevent him from acting in any manner which is prejudicial to the security of the State of Nagaland and maintenance of public order. Being satisfied with the proposal submitted, the Commissioner of Police & District Magistrate, issued the detention order No. CP/DMR/CB-19/2020-21/2217, dated 29.09.2020, by which he was detained under Section 3(2) of NSA and kept him in Central Jail at Dimapur. Thereafter, the Chief Secretary to the Government of Nagaland, vide his order No. CON/NSA/66/2020/353, dated 09.10.2020 approved the detention order issued by the Commissioner of Police & District Magistrate, Dimapur. The petitioner submitted representations as per the provisions of the NSA, however they did not yield the desired result. The NSA Advisory Board, constituted by the Government of Nagaland under section 9 of NSA, 1980 thereafter, considered the case of the detenu but they also came to the conclusion that there are sufficient causes for detaining him under NSA, and accordingly recommended his detention. Following the recommendation of the NSA Advisory Board, the State Government, in exercise of its powers conferred by Sub-section (1) of section 12 of NSA, confirmed the detention order of the detenu and to that effect the Chief Secretary to the Government of Nagaland, issued the confir