The court emphasized the importance of following the procedure prescribed by law in cases of preventive detention and highlighted the need for cogent materials to support detention orders. The judgment also underscored the statutory obligation of placing the matter before the Advisory Board within three weeks from the date of detention.

JUDGMENT :

D. Baruah, J.

Heard Mr. A. Sophie, learned counsel for the petitioner as well as Ms. Livika, learned Government Advocate for the respondent Nos. 1, 3, 4 and 5, and Mr. Z.N. Ngullie, learned CGC for the respondent No. 2.

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. Abi Neikha, 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 24.10.2023 issued by the Chief Secretary to the Government of Nagaland.

4. From a perusal of the writ petition it reveals that a complaint was lodged on 05.07.2023 at Kezocha Police Station, Kohima stating interalia that information was received from reliable sources regarding transportation of ammunition from Phek District and as such, MVCP was conducted, whereby prohibited ammunition were seized from the possession of one UBC, Mr. Talimbo Zeliang, of DEF Phek. On the basis thereof, a case was registered, being Kezocha PS Case No. 005/23, under Section 25 (1A) of the Arms Act of 1959 (for short, ‘the Act of 1959’), read with Section 120B of the Indian Penal Code. It was further mentioned in the writ petition that during the course of investigation, the UBC, Talimbo Zeliang revealed the name of the petitioner’s husband, i.e. Abi Neikha and stated that the ammunition seized from his possession were to be delivered to the petitioner’s husband and thereafter, basing on the statement of the said UBC, Talimbo Zeliang, the petitioner’s husband was arrested and booked under section 25 (1A) of the Act of 1959, read with Section 120B of the Indian Penal Code and forwarded to judicial custody.

5. The record reveals that on 26.07.2023, the District Magistrate cum Deputy Commissioner, Kohima passed a Detention Order bearing No. DCK/CON/NSA/2023/01 (for short, ‘the Detention Order’). This Court further finds it relevant to take note of the circumstances which led to the passing of the Detention Order. 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 as is reflected in the communication dated 24.07.2023, are reproduced hereinunder:

“1.The act committed by the arrested person, Abi Neikha (44 years) S/o- Lt. Nehosa, V/o- Khuzama, PS-Khuzama, P/Add- Chumudekima Ward 10, in connivance with anti-social elements had maliciously engaged a government servant to procure ammunitions belonging to the government for the consequent benefit of anti-social elements