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Shenungcha – Appellant
Versus
State of Nagaland – Respondent
JUDGMENT :
Devashis Baruah, J.
1. Heard Mr. P. Surien, learned counsel for the Petitioner and Mr. V. Zhimomi, learned Government Advocate appearing on behalf of the State.
2. This is petition under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to quash and set aside the Detention Order passed by the Commissioner of Police and District Magistrate, Dimapur, vide No. CP/DMR/CB-19/2021-22/2204, dated 04.10.2021; the Approval Order vide No. CON/NSA/20/2021/118, dated 08.10.2021 and the Confirmation Order vide No. CON/NSA/20/2021/192, dated 24.11.2021 and for a direction, that the Respondents immediately release the Detenue. The case of the Petitioner in brief is that, on 29.09.2021, at around 00:30 hrs, a search operation was launched by the 7th Assam Rifles, alongwith Police representatives at the house of the Detenue (the husband of the Petitioner) which allegedly led to the recovery of one .32 pistol, one magazine and two rounds of .32 pistol. On the basis thereof, the Detenue was apprehended on allegation of illegally possessing the seized items. On the same date, i.e. on 20.09.2021, Nb/Sub Dalbir Singh lodged an FIR with the Chumukedima Polic
The Detaining Authority must be aware of the detenu's custody status and there must be compelling reasons justifying detention despite the detenu being in custody.
The judgment established the necessity of compelling reasons and reliable materials for issuing detention orders, especially when the detainee is already in custody.
The court ruled that detention orders must provide specific grounds and materials justifying detention, especially for individuals already in custody, to uphold constitutional rights.
Detention orders must provide specific grounds and cogent materials; failure to do so violates constitutional rights and renders the order illegal.
Preventive detention requires cogent evidence and compliance with due process, including proper communication of grounds in a comprehensible language for the detenu.
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