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2022 Supreme(Gau) 1114

DEVASHIS BARUAH
Herot Chang – Appellant
Versus
State of Nagaland – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sarif Ahmed.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. Sarif Ahmed, learned counsel for the petitioner; Mr. Moa Imchen, learned Senior Government Advocate appearing on behalf of the State Respondents and Mr. Yangerwati, learned CGC, appearing on behalf of the Central Government.

2. This is a 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, bearing No. CP/DMR/CB- 19/2021-22/2132 dated Dimapur, 27.09.2021; the Approval Order passed by the Chief Secretary to the Government of Nagaland bearing No. CON/NSA/16/2021/111 dated 06.10.2021 and the Confirmation Order dated CON/NSA/16/2021/188 dated 24.11.2021.

3. The petitioner’s case is that on 17.09.2021 the petitioner along with another were picked up by the 5th Assam Rifle in Chekiye Village, Dimapur. Thereafter, they were taken to the 5th Assam Rifle’s Camp and brutally assaulted and threatened them to admit the seized items belonged to them. The petitioner along with another were handed over to the Diphupar P.S. Dimapur, Nagaland and an FIR was lodged by one RFM S.K. Laxana of the 5th

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