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SOUMITRA SAIKIA, KAUSHIK GOSWAMI
Khekato Zhimomi, S/O Late Kotupu Zhimomi – Appellant
Versus
State Of Nagaland Represented By The Chief Secretary – Respondent
JUDGMENT :
Kaushik Goswami, J.
Heard Mr. Imti Longjem, learned counsel for the petitioner. Also heard Mr. E. Thiba Phom, learned Senior Govt. Advocate for respondent Nos. 1, 2, 3 & 4 and Mr. Yangerwati, learned CGC for respondent No. 5.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner is challenging inter-alia the detention order being No. CP/DMR/CB-19/2024-25/688 dated 13.05.2024 passed by the Commissioner of Police & District Magistrate, Dimapur, Nagaland under Sub-Section(3) of Section 3 of the National Security Act, 1980 (hereinafter referred to as the said Act, 1980) by which the petitioner has been detained under the said Act.
3. The case of the petitioner is that he was arrested on 23.04.2024 and subsequent thereto, a Suo Moto FIR was registered by the Police at Dimapur East Police Station being Dimapur East PS Case No.0070/2024 under Section 384/34 IPC read with Regulation 7 of the Nagaland Security Regulation, 1962 (herein after referred to as the NSR,1962).
4. It is alleged in the FIR that information was received that UG cadre were collecting tax from business owners around Bata Charali area by visiting shops and making phone calls. In
Detention orders must provide specific grounds and cogent materials; failure to do so violates constitutional rights and renders the order illegal.
The court ruled that detention orders must provide specific grounds and materials justifying detention, especially for individuals already in custody, to uphold constitutional rights.
Preventive detention requires cogent evidence and compliance with due process, including proper communication of grounds in a comprehensible language for the detenu.
Preventive detention orders must be based on specific and substantiated grounds, with the detaining authority required to apply its mind independently to the facts of the case, and any significant de....
Preventive detention orders must consider all relevant material, including granted bail orders; failure to do so renders the detention invalid.
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