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Kusata Phese – Appellant
Versus
State of Nagaland – Respondent
JUDGMENT :
S. Hukato Swu, J.
1. This is a writ petition under Article 226 of the constitution of India for issuance of writ of habeas corpus.
The detenue was apprehended on 14.10.2020 and was produced on 15.10.2020 before the South Police Station, Kohima by the 3rd Naga Hills Battalion Assam Rifles. The petitioner was arrested along with 3 other co-accused in general area of Jail Colony on allegation of extortion from shops in the colony. The Assam Rifles produced the accused before Police Station along with 3 other co-accused. On investigation, it was revealed that the accused persons Rakovoyi Kheso, SS Sergeant Major NNC Non-Accordist, Yota Venyo, Army No. 1526, NNC Non-Accordist, Runuta Dozo, NNC Non-Accordist and Kusato Phese, NNC Non-Accordist were found to have involved in extortion. 1 No. of .32MM Pistol with 6 live rounds of .32 mm one magazine and 5 extortion slips of NNC Non-Accordist was seized from accused Rakavou Kheso. 16 Nos. of extortion slips were recovered from accused Yota Venyo, 20 extortion slips were recovered from Renuda Lozo and 1 No of extortion pad Office of Naga Army National Peoples Government of Nagaland, Naga National Council, Oking Nagaland and 20 extort
The detention orders under the National Security Act, 1980 must be based on valid subjective satisfaction, and the delay in disposing of representations must be explained.
The detention orders under the National Security Act, 1980 (NSA) must be based on the Detaining Authority's subjective satisfaction, and the representations of the detenues must be disposed of withou....
The detention order was quashed due to procedural violations and lack of connection between the detenu's past conduct and the necessity for detention under the National Security Act.
The Detaining Authority must express subjective satisfaction for detention, and the delay in disposing of the representation without adequate explanation can render the detention impermissible and il....
Preventive detention for a person in custody is valid only if the detaining authority explicitly records awareness of the custody status, assesses the real possibility of release on bail, and conclud....
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