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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) AT KOHIMA BENCH
DEVASHIS BARUAH, YARENJUNGLA LONGKUMER
Amenla Lkr – Appellant
Versus
State of Nagaland – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. Taka Kichu, the learned counsel appearing on behalf of the petitioner. Ms. Inaholi, learned Government Advocate appears on behalf of the State respondent Nos. 1, 2 and 3 and Mr. Mhasilezo Rote, the learned counsel appears on behalf of the respondent No. 4.
2. The petitioner in the instant proceedings is the wife of one Shri Dauda (detenu) who by invoking the jurisdiction under Article 226 of the Constitution has challenged the Detention Order dated 14.04.2025 passed by the District Magistrate, Peren; the Government Approval Order dated 21.04.2025 issued by the Chief Secretary to the Government of Nagaland and the Confirmation Order dated 11.07.2025 issued by the Chief Secretary to the Government of Nagaland.
3. From a perusal of the present writ petition, it reveals that an FIR was filed by one Kedidaung Sephe alleging about the disappearance of 2 (two) staff members from their office, K&J Project Private Limited located at Keletzai Colony, Ward No. 2. It was also inter alia stated in the said FIR that these 2 (two) persons namely, Mr. Bamdev Rout and Md. Irfan Ali were last seen on the office premises on 23.03.2025 at around 11.00 A.M. to 11
The judgment established the necessity of compelling reasons and reliable materials for issuing detention orders, especially when the detainee is already in custody.
The court ruled that detention orders must provide specific grounds and materials justifying detention, especially for individuals already in custody, to uphold constitutional rights.
Detention orders must provide specific grounds and cogent materials; failure to do so violates constitutional rights and renders the order illegal.
Preventive detention under the PITNDPS Act is justified if the detaining authority reasonably believes the individual poses a threat to public safety, even if they are already in judicial custody.
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