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2023 Supreme(Gau) 1414

MICHAEL ZOTHANKHUMA, DEVASHIS BARUAH
Akole Chakhesang W/o Talimbo Zeliang – Appellant
Versus
State of Nagaland – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mhabeni.

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 th

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