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.
The list of the persons arrested from these four vehicles is as follows David Patrick Ward Stephen Neil Hillman SS 2/Lt.
Then, it is said that petitioner 1, David Patrick Ward during his visit to various places in the State of Nagaland was inciting the feelings of Naga people against the established Government.
Assam Rifles returned fire on the M Gypsy killing Nipielie Chucha on the spot.
You have also a right to claim personal hearing before the Advisory Board.
Major Cupanyi S o Mr. Thevio SS Sgt.
Major Nasu S o Chasli SS Sqt.
In the meantime, M Gypsy being the last Vehicle quickly turned back and went towards Jessami.
Some documents, one diary and cash amounting to Rs.
From the M Gypsy British national David Patrick Ward and one insurgent were arrested and the dead body of one insurgent was also recovered.
Coming to the profession of Petitioner 2, the High Commission of India at London is said to have been informed as Chef.
That was received on 5.5.1992 by the State Government.
After companying to India, they have entered the State of Nagaland without the Restricted Area Permits and joined the Naga Federal Government activists whose goal was the achievement of Peoples Republic of Nagaland and had prepared a documentary without the permission of the authorities, to incite the people of Nagaland againstthe Government of India, As is seen from the incidents adverted to in the grounds of detention, petitioner 1 had even tried to evade arrest from the Indian security forces.
While the State Government took necessary steps to process the same for companysideration, the Writ Petitions came to be filed on 5.5.1992 on which the State Government received numberice on 13.5.1992.
The arrested at this time included British national Shri Hillman Stephen Neil, nine insurgents and three drivers of these vehicles.
It is said in that companynter affidavit that the petitioners had entered Nagaland without obtaining Restricted Area Permit as required under the Foreigners Protected Areas Order, 1958 issued by the Government of India.
143685 Shri Praveen Das was hit on the right shoulder.
This Maruti Gypsy was finally intercepted around 2230 hrs by the 111 BSF jawans near Lanyie Bridge.
Each petitioner being served with the detention order made against him along with the ground of detention on 4.2.1992 is detained in pursuance thereof.
Petitioners are known to belong to a U.K. based organisation called Naga Vigil as is disclosed in the companynter affidavit of Home Commissioner of Nagaland State Government.
If regard is had to be pretext on which the petitioners had entered India, the number disclosure by them of the real purpose for which they were visiting India, and attempts made by them to evade arrest from the Indian security forces by opening fire against them, it would be difficult to think that their deportation from India will number make them return to India by some means or the other to carry on the prejudicial activities which were carried on by them before their detention, along with Naga insurgents and secessionists, against the established State Government and the Central Government.
Ms. Indira Jaising, learned Counsel for the petitioners, urges the following points for our companysideration Neither of the petitioners was served with the detention order and grounds of detention made against him.
At this, the occupants of the front three vehicles raised their arms and came out and were arrested by Assam Rifles.
After such hearing, the Advisory Board being of the opinion that there was sufficient cause for detention of the petitioners, a report is sent to Nagaland State Government which on companysideration of that report has companyfirmed the detention orders on 2.4.1992.
The incident on 30/31.1.1992 which forms the grounds of detention discloses that the occupants of the motor vehicle in which one of the petitioners was moving, fired on the patrol party and injured one Assam Rifles jawan, by name, Praveen Das.
Both the petitioners being lodged in 1/5 G.R. at Jessami Jail, to being with, are shifted on 12.2.1992 to Imphal Central Jail and thereafter on 15.2.1992 to Naini Jail, Allahabad where they are said to have been lodged finally for security reasons.
Also from this M Gypsy Rs.
As a matter of fact, it has been categorically stated so in the companynter affidavit of the third respondent, the State of Nagaland, annexing the companyies of acknowledgements to it.
One Chinese LMG and three Chinese rifles with 107 rounds of ammunitions, two VHF radio sets, one video camera with 30 cassettes, one Pentax camera and a video camera charger set were also recovered.
The petitioners have lived with Naga insurgents in their gang and participated in their activities, for almost three months.
Detention order made against each petitioner discloses that it had been made by Nagaland State Government with a view to prevent the companycerned 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.
Vevochu S o Mr. Vepahi SS Sqt.
From the companynter affidavit filed by the Deputy Secretary to the Ministry of Home Affairs of the Government of India, it is disclosed that the petitioners 1 and 2 took Visas from the High Commission of India at London to visit India for a holiday and the places they desired to visit in India were Delhi Agra Calcutta.
This will clearly prove service of the detention order.
While the said ground of detention is put under the head Schedule in the Annexure to the Grounds of Detention companymunication, 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 above said order.
Petitioners have subsequently on 24.4.1992 filed the present joint Writ Petition challenging the legality of the said detention orders made against them and their companytinued detention.
Pursuant thereto, the Advisory Board having fixed its meeting at Imphal on 15.3.1992 has heard the petitioners in person on their detentions.
A reference is made to a signed Press release said to have been issued by petitioner 1 on 3.12.1991 on his views that the Naga people should freely exist in peace as an independent nation.
Only after a chase, the DIG of Assam Rifles was able to arrest at 2230 hrs petitioner 1, David Patrick Ward, Certainly these grounds companypled with recovery of arms and ammunition would clearly establish that there is numbervagueness at all as far as the grounds of detention are companycerned.
3795 in each 30 US Dollar, three self cheques of 2,000 each and nine rounds of ammunition were recovered.
8286 were recovered.
The ground of detention pertaining to each detention order being companymon and in identical terms, reads On 30th January, 1992 around 2030 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.
Venkatachala, J. This is a joint Writ Petition under Article 32 of the Constitution filed by Mr. David Patrick Ward as Petitioner 1, Mr. Steven Hillman as Petitioner 2, both being British Nationals, challenging the legality of the Detention Orders dated 31st January, 1992 made against them under Sub sections 1 and 2 of Section 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.
It is further said there, that the petitioners were moving from place to place in the districts of Kohima, Phek and Tuensang in the companypany of insurgents and secessionist groups and indulging in activities, which were detrimental to the security of India, maintenance of public order of the State of Nagaland and also maintenance of relations of India with foreign powers.
