JUDGMENT :

1. Heard Mr. P. B. Paul, the learned counsel for the petitioner. Also heard Ms. Livika, the learned Government Advocate, Nagaland and Mr. Yangerwati, the learned CGC.

2. By way of the present writ petition, the petitioner challenges the orders of detention of her husband namely Mr. Elithung Lotha (in short detinue) and continuation of same, whereby the detinue was put under detention in exercise of power under the provision of the National Security Act, 1980 (in short NSA).

3. The brief facts leading to the filing of the present petition are as under:-

(i) The detinue was arrested on 02.09.2021 in connection with Dimapur East PS Case No. 0141/2021 registered under Sections 186/353/384/506 IPC read with section 7 of NSR. Such FIR was lodged by one Hav. Thepuso Chakesang, inter alia alleging that detinue was in possession of incriminating materials to make extortion at Super Market Area. It was a further case that during body search of the detinue, two numbers of notepad in the name of NPGN/NNC (NA), two tax slips and extorted cash of Rs. 2150/- were recovered.

(ii) Thereafter, the detinue was released on bail by the learned Chief Judicial Magistrate, Dimapur by order dated 24.09.2021.

(iii) Thereafter, the Deputy Commissioner of Police, Zone-I, Dimapur (in short DCP), by communication dated 27.09.2021, initiated a proposal for detention of husband of the petitioner under Sections 3(1) and 3(2) of the NSA and requested the Commissioner of Police, Dimapur (in short CP) for necessary action. Such proposal was initiated on the basis of the FIR registered on 02.09.2021 and recovery of the documents from the possession of the detinue as stated hereinabove.

(iv) The ground of detention so proposed, as reflected in the proposal of DCP dated 27.09.2021, is that the detinue is an active member of armed organization NNC (NA), he is part of a large extortion syndicate and extorting money in the name of armed organization and such activity is leading to price rise of essential commodities and services and thus the detinue is acting in a manner prejudicial to maintenance of supplies and services essential to the communities. The further ground of detention is that the demand letter recovered from the possession of the detinue indicates that the detinue is acting in a manner prejudicial to the maintenance of public order and security of the State.

(v) It is also a case that the witnesses were examined during investigation have supported the allegation. The said proposal contained a copy of the FIR, the Arrest Memo, the Seizure Memo, Photograph of the accused, detailed report of the I.O. and the joint interrogation.

(vi) Thereafter, the CP cum District Magistrate, Dimapur vide its communication dated 27.09.2021, forwarded the same to the Special Secretary, Home for approval. The said communication recites the facts as described by the DCP in his proposal and the CP expressed his satisfaction that the case is fit for detention of the accused under Section 3(2) of the NSA.

(vii) Thereafter, the CP issued the order of detention dated 27.09.2021 in exercise of power under Section 3 (3) of NSA on the ground that detention is necessary under Section 3(2) of NSA.

(viii) The ground of detention is stated to be security of the State of Nagaland and maintenance of public orders. The said order contains the ground of detention as Annexure B, Annexure C Schedule. The said order of detention was served upon the detinue on 30.09.2021.

(ix) Subsequently, the Chief Secretary to the Government of Nagaland issued an order dated 06.10.2021, in exercise of his power conferred by Section (3)2 of NSA, ordering detention of the detinue and further directing him to be kept in Central Jail, Dimapur for a initial period of three months with effect from the date of detention i.e. till 26.12.2021.

(x) Thereafter on 11.10.2021, the detinue submitted a representat