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NELSON SAILO, BUDI HABUNG
Thingbam Shimrah S/o Late Siaring Shimrah – Appellant
Versus
State Of Nagaland Through The Chief Secretary – Respondent
JUDGMENT :
Nelson Sailo,J.
This Order will dispose of all the three (3) cases since common issues are involved and they are covered by the registration of a common Police case.
2. The three (3) writ petitions are filed under Article 226 of the Constitution of India by the respective wives of the detenue seeking issuance of writ in the nature of Habeas Corpus for setting aside the detention orders of their husbands under the National Security Act, 1980 (NSA) and for a direction to the respondent authorities to set them at liberty.
3. Heard Mr. Sarif Ahmed, learned counsel for the petitioner in WP(Crl) No. 14/2023, Mr. P.B. Paul, learned counsel for the petitioner in WP(Crl) No. 10/2023, Mr. M. Kasar, learned counsel for the petitioner in WP(Crl) No. 13/2023, Mr. E. Thiba Phom, learned State Counsel for the State respondents in all the cases and Mr. Yangerwati, learned CGC for the respondent Union of India in all the cases.
4. The case of the petitioner in WP (Crl) No. 14/2023 is that her husband (detenue) was arrested on 11.07.2023 pursuant to the Suo Moto FIR filed on 10.07.2023 before the Office-in-Charge, Sovima Police Station, Chumukedima wherein, it was stated that information
The detention orders under the National Security Act, 1980 (NSA) must be based on the Detaining Authority's subjective satisfaction, and the representations of the detenues must be disposed of withou....
The detention orders under the National Security Act, 1980 must be based on valid subjective satisfaction, and the delay in disposing of representations must be explained.
The Detaining Authority must express subjective satisfaction for detention, and the delay in disposing of the representation without adequate explanation can render the detention impermissible and il....
Unexplained delays in addressing a detainee's representation for release render ongoing detention unconstitutional, affirming the necessity for prompt action by authorities.
Point of Law : It is, thus, settled that the subjective satisfaction of the detaining authority has to be based on objective material and any non-existent or misconceived or irrelevant consideration,....
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