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MICHAEL ZOTHANKHUMA, DEVASHIS BARUAH
Limhathung Jami – Appellant
Versus
State Of Nagaland Represented By The Chief Secretary – Respondent
JUDGMENT :
D. Baruah, J.
Heard Ms. Mika H. Aye, learned counsel appearing on behalf of the Petitioner and Ms. S. Mere, learned Government Advocate appearing on behalf of the State Respondents.
2. The present writ petition has been filed by the Petitioner who is the uncle of one Mr. Eshenthung Jami (hereinafter referred to as the “detenu”) challenging the Detention Order No.DCP/CON/PT-1/88-89 dated 21.07.2023 (for short “the Detention Order”) and the Approval Order bearing No.CON/NSA/03/2023/36 dated 31.07.2023 issued by the Chief Secretary to the Government of Nagaland (for short “the Approval Order”) and further sought for a direction that the detenu be released from detention forthwith.
3. It reveals from a perusal of the writ petition that on 05.07.2023, an F.I.R. was lodged before the Officer-in-Charge, Phek Police Station that on the said date, an information was received from the PHQ that a person travelling in a sumo taxi from Phek to Dimapur was arrested by personnels of Kezocha Police Station for possessing of illegal ammunition numbering to 200 live rounds. On being interrogated, it was ascertained that the ammunitions were bought from the detenu, who was the Armorer of Phek
The Detaining Authority must be aware of the detenu's custody status and there must be compelling reasons justifying detention despite the detenu being in custody.
Preventive detention for a person in custody is valid only if the detaining authority explicitly records awareness of the custody status, assesses the real possibility of release on bail, and conclud....
The judgment established the necessity of compelling reasons and reliable materials for issuing detention orders, especially when the detainee is already in custody.
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