Kaviloli Chishi vs State of Nagaland

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Gau) 767

Kaviloli Chishi – Appellant
Versus
State of Nagaland – Respondent

Advocates Appeared:
For the Appellant :Joshua Sheqi, Advocate

JUDGMENT :

S. Hukato Swu, J.

1. The present writ petition filed under 226 of the Constitution for issuance of habeas corpus is filed for release of the detenu Abel Chishi SS Tatar NSCN-K (Khango & Isak) of Kiyekhu Village PO/PS-Zunheboto.

2. The petitioner is represented by Ms. Mika H Aye and the State is represented by Mr. K. Angami, learned P.P.

3. Facts leading to filing of the present writ petition for issuance of habeas corpus is that on 25-02-2021, the detenue was apprehended by the 1st (LH) Battalion Assam Rifles Personnel at Jail Colony, Kohima on allegation of extortion. Case was registered with the South Police Station being 0002/21 under Section 384 IPC read with 7 NSR 1962. The case was registered as G.R. No. 15 of 2021. Bail application was moved before the learned CJM, Kohima on 14-04-2021 and was rejected on the same day and another bail application was filed before the Principal District & Sessions Judge, Kohima but again the same was rejected by an order dated 19-4-2021 respectively.

4. By an order dated 22-04-2021, the Deputy Commissioner/District Magistrate Kohima passed the detention order under Section 3(3) of the NSA. The said detention order was approved by the S