KUSUM BEGGUM Vs. STATE OF NAGALAND
LAWS(GAU)-2018-10-91
HIGH COURT OF GAUHATI (AT: KOHIMA)
Decided on October 24,2018

Kusum Beggum Appellant
VERSUS
STATE OF NAGALAND Respondents

JUDGEMENT

KALYAN RAI SURANA,J. - (1.) Heard Mr. P. B. Paul, learned counsel for the petitioner as well as Mr. K. Wotsa, learned Senior Government Advocate appearing for the State respondents and Mr. K. A. Rongmei, learned ASGI appearing for the respondent No. 5.
(2.) The petitioner is challenging the detention of her husband. The furtherchallenge in the present writ petition is the detention order dated 09.08.2018 passed by the Commissioner of Police, Dimapur, Nagaland by which the said authority, having been satisfied, had exercised powers u/s 2 and 3 of the National Security Act, 1982 (NSA)and ordered the detention of the petitioner's husband in Central Jail, Dimapur to prevent the petitioner's husband from acting in any manner detrimental to the security of the State of Nagaland and maintenance of public order. Also, in challenge is the order dated 5.1.2018 passed by the Chief Secretary to the Government of Nagaland, regarding his satisfaction with the view taken by the Commissioner of Police to prevent the petitioner's husband from acting in any manner prejudicial to the security of the State of Nagaland by approving the detention order passed by the Commissioner of Police in exercise of powers u/s 2 and section 3 of the NSA, 1980. The further challenge in this petition is the confirmation order dated 06.03.2018 passed by the Chief Secretary to the Government of Nagaland on the basis of the opinion of the Advisory Board that there is sufficient cause for the detention of the petitioner's husband under NSA, 1980 and, as such, in exercise of powers under sub section 1 of section 12 of the NSA, 1980, the husband of the petitioner was confirmed for his detention from 08.01.2018.Also in the challenge is the wireless message dated 21.03.2018 by the Minister of Home Affairs by which the request of the petitioner for revocation of the detention order had not been accepted by the Central Government.
(3.) The learned counsel for the petitioner has referred to the FIR dated 06.12.2017 wherein it is stated that on 05.12.2017, based on satisfactory information regarding persons of armed cadre of NSCN (I-M) doing extortion in the general area Supermarket, Dimapur, the troops of 32 Assam Rifles alongwith the local representatives launched an operation. As per the FIR, the extortionist, on finding himself trapped, tried to flee in his vehicle and he was chased and intercepted near Durga Mandir at 00:00 hours and on search, the following items were recovered from the petitioner : (a) .32 mm Pistol (Country Made) Regd. No. 159104353 - 1 No (b) Magazine .32 mm Pistol - 2 Nos. (c) Ammunition live round of .32 mm Pistol - 12 Nos (d) Arms licence .32 mm Pistol (Licence 7009/NL/DMR) - 1 No (e) Assignment Order NSCN (IM) dated 24 April 2017 - 01 No (f) Vehicle Hyundai i-20 with key, Regd. No. AS-01-BW-4803 (White colour) - 01 No (g) Indian Currency - Total Rs.5,59,000/-(Rs Five lakh fifty-nine thousand only) (i) Rs.2000 x 155 = Rs.3,10,000/- (Rs Three lakh ten thousand only) (ii) Rs.500 x 490 = Rs.2,45,000/-(Rs Two lakh forty-five thousand only) (iii) Rs.100 x 40 = Rs.4,000/- (Rs Four thousand only) ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.