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 his brother namely Mr. Otoka @ Otto Zhimo (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 08.09.2021 in connection with Dimapur East PS Case No. 00179/2021 registered under Sections 384/506/511 IPC read with section 7 of NSR. Such FIR was lodged by one Mr. Botoho Kappo, inter alia alleging that 08.09.2021 one unknown person called the informant several times demanding yearly tax through mobile phone number 70052-59255. Thereafter, according to the informant, one unknown person came and shutdown his shop and took away the keys.

(ii) While under judicial custody in connection with the Dimapur East P.S. Case No. 00179/2021, the Deputy Commissioner of Police, Zone-I, Dimapur (in short DCP), by communication dated 24.09.2021, initiated a proposal for detention of brother 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 dated 08.09.2021 and recovery of six numbers of demand notice from the possession of the detinue.

(iii) It is the case of the DCP that during the investigation of the complaint, one white coloured Bolero vehicle driven by the detinue was intercepted and on search and physical frisking, six numbers of demand letter with letter heads of NNC (Parent Body) was recovered from him and the detinue was arrested. According to the DCP, the detinue admitted that he went to the place of the informant on 08.09.2021 and that he demanded yearly tax and also admitted shutting the shop.

(iv) The ground of detention so proposed, as reflected in the proposal of DCP dated 24.09.2021, is that the detinue is an active member of armed organization NNC (Parent Body), 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.

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.

(v) 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.

(vi) 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.

(vii) 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 29.09.2021.

(viii) Subsequently, the Chief Secretary to the Government of Nagaland issued an order dated 06.10.2021, in exercise of his power conferred by Se