W.P. (Crl.) No. 31 of 2006. Case: L. Manichandra @ Chinglen Vs Union of India (UOI) and Ors.. Guwahati High Court
| Case Number | W.P. (Crl.) No. 31 of 2006 |
| Counsel | For Appellant: D.K. Mishra, A. Dutta, S. Jahan and J. Rahman, Advs. and For Respondents: D. Das and Khro, Advs. |
| Judges | B. Sudershan Reddy, C.J. and Brojendra Prasad Katakey, J. |
| Issue | National Security Act, 1980 - Sections 3, 3(1), 3(2); Maintenance of Internal Security Act, 1971 - Section 3(1); Constitution of India - Article 22(5) |
| Judgement Date | December 14, 2006 |
| Court | Guwahati High Court |
Judgment:
Brojendra Prasad Katakey, J.
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The Petitioner, who has been detained under the provision of the National Security Act, 1980, by the present writ petition is challenging the order passed by the detaining authority, namely the Special Secretary to the Government of Nagaland, dated 31.07.2006 detaining him under the provision of Section 3 of the National Security Act, 1980 (in short, "the Act"), purportedly with a view to prevent him from acting in any manner prejudicial to the security of State of Nagaland and maintenance of the public order.
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The order of detention dated 31.07.2006 was served on the Petitioner while he was in custody in connection with some other criminal cases along with grounds of detention as well as the particulars in support of the grounds of detention. The Petitioner was also served with a letter dated 21.07.2006, addressed by the Additional Deputy Commissioner (Head Quarter) to the Principal Secretary (Home), forwarding the proposal of the Deputy Commissioner dated 14.07.2006 for detaining the Petitioner under the provision of the Act; letter dated 14.07.2006, addressed by the Deputy Commissioner, Dimapur to the Additional Chief Secretary and the Commissioner, Nagaland, forwarding the proposal for detention; letter dated 11.07.2006, addressed by the Superintendent of Police, Dimapur to the Deputy Commissioner initiating the proposal for detention of the Petitioner; the arrest/court surrendered form dated 22.06.2006 containing the particulars regarding the writ Petitioner; the FIR dated 22.06.2006 lodged by the Officers In-charge, West Police Station; the FIR dated 22.06.2006 lodged by the Dimapur Police; the format for interrogation of the writ Petitioner and 5 numbers of seizure memos in respect of the writ Petitioner and another seizure memo in respect of one Priyananda Meitei. The Petitioner vide the communication dated 31.07.2006 was also informed of his right to make a representation to the detaining authority, Central Government and also the State through concerned jail authorities and accordingly the representation was submitted by him on 07.08.2006 to the Special Secretary, Government of Nagaland, Home Department, the detaining authority through the Superintendent, Central Jail, Dimapur, where he has been detained in custody. The said representation has been rejected by the detaining authority, namely the Special Secretary, on 18.08.2006. Meanwhile, the representation of the Petitioner was also placed before the Advisory Board on 04.09.2006, where he was heard personally and such order of detention was confirmed vide order dated 07.09.2006, on the basis of the report of the Advisory Board. The Petitioner therefore, has filed present writ petition seeking a writ of habeas corpus.
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We have heard Mr. D.K. Mishra, the learned Sr. counsel for the Petitioner, Mrs. Khro, the learned State counsel appearing on...
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