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NELSON SAILO, BUDI HABUNG
Imlilemla Longkumer, Wife of Shri Lanusanen Pongen – Appellant
Versus
State of Nagaland and Represented by The Chief Secretary – Respondent
JUDGMENT :
Nelson Sailo, J.
Heard Mr. Limawapang, learned counsel for the petitioner, Mr. E. Thiba Phom, learned State counsel for the State respondent Nos. 1 to 4 and Mr. Yangerwati, learned CGC for the respondent/Union of India.
2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner prays for issuance of writ in the nature of habeas corpus for setting the detenue detained in Central Jail, Dimapur, Nagaland, at liberty. Be it stated herein above that the instant petitioner is the wife of the detenue.
3. It is the case of the petitioner that pursuant to the Report submitted by the Deputy Commissioner of Police, Chumukedima, Nagaland, to the Commissioner of Police, Dimapur, on 24.07.2023, the detention of the detune was recommended under Section 3(1)&(2) of the National Security Act (NSA). The detenue was arrested in connection with Sovima P.S. Case No. 0014/23 under Section 120B IPC read with Section 25(1A)(1AA) Arms Act read with Rule 7/8 NSR wherein a large amount of prohibited ammunition was recovered by the Police. Accordingly, the Commissioner of Police vide Order dated 31.08.2023, in exercise of the powers conferred by Section 3(3) of the N
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....
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 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....
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,....
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....
Quash of detention order - Delay in forwarding the petitioner’s representation on the part of the District Magistrate, and also delay in disposal of the petitioner’s representation
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