JUDGMENT :

S. Hukato Swu, J.

1. The present habeas corpus under Article 226 of the Constitution is filed against the detention Order No. CP/DMR/CD-19/2020-21/2211 dated Dimapur, the 29th September, 2020 issued by the Commissioner of Police/District Magistrate Dimapur, Nagaland under Section 3 (3) of the National Security Act, 1980 against the detenue and also the approval of the detention order under Letter No. CON/NSA/65/2020/352 dated Kohima, the 9th October, 2020 and the rejection of the representation by the State Government vide order No. CON/NSA/65/2020/585 dated Kohima the 31-10-2020. The petitioner is the mother of detenue a resident of 4th Mile House No. 152 Dimapur, Nagaland who is represented by learned counsel Mr. Chingmei Konyak.

2. Facts leading to the present case is that on 07-09-2020 at about 12:30 P.M. information was received by the ND Extortion Team Zone-2 that extortion activities are being carried out at G.S. Road Dimapur. The Anti-Extortion Team apprehended the present detenue from a shop, namely, Plasto Provision Shop. There was recovery of Rs. 2,000/- from the possession of the detenue. It is alleged that the accused had demanded an amount of Rs. 5,000/- as yearly tax which was refused and after a while he was asked to arrange the said money and keep ready. The proprietor of Plasto Provision Shri Sanawas Ansari who is the main witness stated that the accused detenue came to his shop claiming himself to be from NSCN-K (Khango). On 07-09-2020 the same person came to his shop and demanded the money as yearly tax. After some negotiation, he had handed over Rs. 2,000/- to him, meanwhile, the police personnel came from behind and apprehended the detenue. Accused Akavi Awomi, the detenue admitted that he belonged to NSCN-K (Khangao) and was serving in the rank of Tatar. The Dimapur SBN PS registered case No. 0084/2020 under Section 384 IPC read with Section 7 NSR. The Commissioner of Police/District Magistrate, Dimapur issued detention order on 29-09-2020 which is reproduced herein-below:

“GOVERNMENT of NAGALAND

OFFICE of THE COMMISSIONER OF POLICE

DIMAPUR: NAGALAND

No. CP/DMR/CB-19/2020-212211

Dated Dimapur, the 29th September 2020

ORDER:

Whereas, S.S. Tatar of NSCN-K (Khango)/Akavi Awomi (34 years), S/o Tovikhe Awomi, V/O- Aiche Saghemi, PO/PS-Suruhoto, District-Zunheboto, P/Add-H/No. 219, Diphupar ‘B’ 5th Mile, Dimapur, was arrested in connected with Dimapur SBN PS C/No. 084/2020 U/s. 384 IPC R/W 7 NSR.

Whereas, I, the Commissioner of Police, Dimapur, Shri. Rothihu Tetseo (IPS), is satisfied that with a view to prevent the above said accused person from acting in any manner prejudicial to Security of the State of Nagaland and maintenance of public order, it is necessary to detain him under sub-section (2) of section 3 of NSA 1980.

Now, therefore in exercise of the power conferred by sub-section (3) of Section 3 of the said act, I, Shri, Rothihu Tetseo (IPS), Commissioner of Police, Dimapur, do hereby order that the above mentioned accused person shall be detained and kept in Central Jail, Dimapur.

(TOTHIHU TETSEO) IPS

Commissioner of Police and

District Magistrate

Dimapur, Nagaland.”

The grounds of detention as communicated to the detenue is also reproduced as below:

GROUND of DETENTION

S.S. Tatar of NSCNO-K (Khango)/Akavi Awomi (34 years) S/o Tovikhe Awomi, V/o Aiche Saghemi, PO/PS-Suruhoto, District Zunheboto, P/Add-H/No. 219, Diphupar ‘B’ 5th Mile, Dimapur.

Whereas the under signed has made detention order against you under the provision of the National Security Act, 1980.

Now therefore, in pursuance of Section 5 of the said act, the undersigned hereby informs you that the said detention order has been made against you on the following grounds:

(a) Security of the State of Nagaland.

(b) Maintenance of public order.

The particulars which have a bearing on the above two matters are specified in the schedule attached.

You are also informed that you have a right to make representation to the detaining authority, Central Government