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 extortion slips of NNC Non-Accordist (NA) was recovered from Kusato Phese. On examination of the accused, all the accused along with the present petitioner admitted that they were from NNC (NA) faction. Altogether there were five of them in the group however co-accused Yolhuyi Chakhesang escaped. The accused had on 13.10.2020 placed demand slips to about 20 shops in jail colony. The demand slips were yearly tax which were for Rs. 2,000/- and some for Rs. 3,000/- each on the basis of the size of shops. Total amount of Rs. 7,000/- approximately was taken by Rakavou Kheso and Yolhuyi Chakhesang (escapee). On 14.10.2020, they had again gathered in the jail colony to issue further demand slips however they were arrested by the Assam Rifles.

2. With the above background, proposal for detention under NSA was forwarded to the District Magistrate on 20.10.2020 by the Superintendent of Police, Kohima. On considering the proposal, the District Magistrate by an order dated 31.10.2020 passed the detention order of the accused petitioner under Section 3 (3) of the NSA, 1980. The detention order was approved by the Government on 05.11.2020. On the same day i.e. 05.11.2020 in compliance of the provision of Section 3 (5) of the NSA, 1980, report was submitted to the Ministry of Home Affairs. Again on the same day, Special Secretary to the Government of Nagaland directed the Superintendent of Police, Kohima for execution of the detention order of the 4 accused persons and obtain receipt from them certifying that the contents of the detention order be explained to them in language understood to them by the accused person in the presence of at least two independent witnesses and that they received 1 each set of the detention order and its enclosures. It was further directed that the detention order and its enclosures in respect of the detenue with the signature of the concerned detenue on each page be returned before 19.11.2020 for further course of action. The acknowledgement certificate by the accused person Kusato Phese is attached with the records. Thereafter, the Home Department, Political Branch by letter No. CON/NSA/55/97 dated Kohima, the 13th November, 2020 in pursuance of Section 10 of the NSA, 1980 referred the matter to NSA Advisory Board. The NSA Advisory Board sit on 08.12.2020 and submitted its report on 11.12.2020 wherein, it was of the opinion that there is sufficient cause for the detention of the detenue. The accused petitioner Kusato Phese continued to be under NSA detention. Home Department, Political Branch issued confirmation order on the opinion furnished by the Advisory Board by letter No. CON/NSA/76/2020/622 dated 17.12.2020 confirmed the detention order which was to be continued up to 30.10.2021. The accused petitioner continues to languish in jail t