- (1.) This is a joint writ petition under Article 32 of the Constitution filed by Mr David Patrick Ward as petitioner I, Mr Stephen Hillman as petitioner 2, both being British Nationals, challenging the legality of the detention orders dated 31/01/1992 made against them under Ss. (1 and (2 of S. 3 of the National Security Act, 1980 (hereinafter referred to as 'the Act') and seeking their release forthwith by issuance of writs of habeas corpus to respondents: (1 the Union of India, (2 the State of Uttar Pradesh, (3 the State of Nagaland.
(2.) Detention order made against each petitioner discloses that it had been made by Nagaland State government with a view to prevent the concerned petitioner from acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, the security of India, the security of the State of Nagaland and maintenance of public order. The ground of detention pertaining to each detention order being common and in identical terms, reads: "On 30/01/1992 around 20. 30 hrs, four vehicles i. e. A/car NLK 8701, A/car NLH 6103, Tata truck NLH 8093 and Maruti Gypsy NLH 1115 were moving on road from Meluri to Kiphire. When they were signalled to stop by a patrol of 14 A. R. near Meluri, instead of stopping, fire was opened on the 14 A. R. patrol from M/gypsy in which one rifleman of A. R. No. 143685 Shri Praveen Das was hit on the right shoulder. Assam Rifles returned Fire on the M/gypsy killing Nipielie Chucha on the spot. At this, the occupants of the front three vehicles raised their arms and came out and were arrested by Assam Rifles. The arrested at this time included British national Shri Hillman, Stephen Neil, nine insurgents and three drivers of these vehicles. Some documents, one diary and cash amounting to Rs. 8,286. 00 were recovered. One Chinese LMG and three Chinese rifles with 107 rounds of ammunitions, two VHF radio sets, one video camera with 30 cassettes, one Pentex camera and a video camera charger set were also recovered. In the meantime, M/gypsy being the last vehicle quickly turned back and went towards Jessami. This Maruti Gypsy was finally intercepted around 22.30 hrs by the III BSF jawans near Lanyie Bridge. From the M/gypsy British national David Patrick Ward and one insurgent were arrested and the dead body of one insurgent was also recovered. Also from this M/gypsy Rs. 3,795. 00 in cash, 20 US Dollars, three self cheques of 2,000. 00 each and nine rounds of ammunition were recovered. The list of the persons arrested from these four vehicles is as follows: 1. David Patrick Ward 2. Stephen Neil Hillman 3. Ss 2/lt Vevochu S/o Mr Vepahi 4. Ss Sgt. Major Cupanyi S/o Mr Thevio 5. Ss Sgt. Major Nasu S/o Chasli 6. Ss Sgt. Major Vetsoswu S/o Vekuye 7. Ss :/cpl. Veshukho S/o Vekhije 8. Ss Pvt Sheiveyi S/o Mr Javesayi 9. Ss Pvt Mudokho S/o Mr Veswoiita 10. Sri Kolezo Chase S/o Mr Zakievilie Chase 11. Mr Kholieveio S/o Mr Nivepfuo 12. Mr Zhopra S/o Mr Sashito 13. Mr Khriliehu S/o Mr Moni Angami 14. Mr Vilapralie S/o Mr Neisatuo 15. Mr Wakedo S/o Shri Nguchieni It would be seen from the names mentioned above that you were a part and parcel in carrying out activities which are prejudicial to the following: 1. Defence of India 2. Relations of India with foreign powers 3. Security of India 4. Security of State of Nagaland 5. Maintenance of public order. "
(3.) While the said ground of detention is put under the head "schedule" in the Annx. to the Grounds of Detention communication, the latter is addressed to each petitioner by furnishing the following information for his guidance: "You have a right to make a representation to the State Government against abovesaid order. You have also a right to claim personal hearing before the Advisory Board. ";