The judgment established the necessity of compelling reasons and reliable materials for issuing detention orders, especially when the detainee is already in custody.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Ms. Mhabeni, learned counsel for the petitioner as well as Ms. Livika, learned Government Advocate for the respondents.

2. Personal liberty of an individual is the most precious and prized right guaranteed under the Constitution in Part-III thereof. The State has been granted the power to curb such rights under criminal laws as also under the laws of preventive detention, which, therefore, are required to be exercised with due caution as well as upon a proper appreciation of facts as to whether such acts are in any way prejudicial to the interest and the security of the State and its citizens or seeks to disturb public law and order, warranting the issue of such an order. In the backdrop of the above, let this Court take into consideration the facts involved.

3. The petitioner in the instant writ proceedings is the wife of one Mr. Talimbo Zeliang, who by invoking the jurisdiction under Article 226 of the Constitution, has challenged the Detention Order dated 26.07.2023 passed by the District Magistrate cum Deputy Commissioner, Kohima; the Government Approval Order dated 07.08.2023 issued by the Chief Secretary to the Government of Nagaland and the Confirmation Order dated 17.10.2023 issued by the Chief Secretary to the Government of Nagaland. From a perusal of the writ petition, it appears that the husband of the petitioner, Mr. Talimbo Zeliang was arrested near Kidema Prayer Park area, under Kohima District on 05.07.2023 by Police personnel, while he was travelling from Dimapur to Phek in a taxi. The ground of arrest was on account of alleged possession and seizure of prohibited ammunitions containing 200 Nos. of SLR ammunitions. On the basis thereof, a case was registered, being Kezocha PS Case No. 005/23 under Section 25 (1A) of the Arms Act, 1959 (for short, the Act of 1959), read with Section 120B of the Indian Penal Code. Thereupon, the husband of the petitioner was produced before the Chief Judicial Magistrate, Kohima on 06.07.2023, and the case being GR Case No. 95/2023 was registered. After the production of the husband of the petitioner, he was kept in Police remand for 10 (ten) days, after which he was remanded back to judicial custody and was kept in the District Jail, Kohima. A Bail Application was filed through the uncle of the husband of the petitioner, one Shri Tahikambou Zeliang, before the District and Sessions Judge, Kohima on 27.07.2023. However, on that very date, it was informed to the Court that the Detention Order dated 26.07.2023 was passed by the District Magistrate cum Deputy Commissioner, Kohima against the husband of the petitioner for which the said Bail application was kept pending.

4. This Court further finds it relevant to take note of the circumstances which led to the passing of the Detention Order bearing No. DCK/CON/NSA/2023/01 (for short referred to as ‘the Detention Order) dated 26.07.2023. The records which have been produced before this Court reveals that on 24.07.2023, the Superintendent of Police, Kohima had submitted a proposal before the Deputy Commissioner cum District Magistrate, Kohima for detention under Section 3 (2) of the National Security Act, 1980, (for short, the Act of 1980), in respect of the husband of the petitioner. From a perusal of the said document, it reveals that 2 persons were arrested including the husband of the petitioner and both the persons were produced before the Chief Judicial Magistrate on 06.07.2023 and were remanded under Police custody for a period of 5 days. On completion of the Police remand period, on 10.07.2023, extension for another 5 days was prayed to the Court. The grounds of detention for which the proposal was made is that the husband of the petitioner had committed a serious crime, wherein he had intentionally abdicated all responsibilities of a government servant by indulging in the sinister act of facilitating the illegal procurement of government ammunition for the nefarious benefit of anti-social elem