PRANAB JYOTI GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this application under Art. 226 of the Constitution of India for a writ of habeas corpus, the petitioner Pranab Jyoti Gogoi has challenged the arrest and detention of his brother Dhruba Jyoti Gogoi alias Bobby as illegal.

(2.) In the application made on l8-3-9l, the case of the petitioner, in brief, is that on 17-3- 91 at about 8.00 a.m. army personnel arrested Dhruba Jyoti at Doom Dooma. The information about the arrest was given to the petitioner at about 12.00 noon on the same day. The family members including the petitioner made inquiries about Dhruba Jyoti but is whereabouts were unknown. Dhruba Jyoti had been suffering from epilepsy. He had an inclination to have epileptic fit when he passed sleepless night, or if he was tortured physically or mentally.

(3.) On 20-3-91, Shri N. Dutta, learned counsel for the petitioner, drew the attention of the Court that Dhruba Jyoti died while in the custody of the army authority and the dead body of Dhruba Jyoti was handed over by the army authority to Digboi Police Station on the night of 19-3-91 at about 2.30 a.m. and that post mortem was held on the dead body. In that view of the matter, this Court made an order on 20-3-91 directing the State of Assam to produce (1) inquest report, (2) post mortem report, and (3) the report of army authority submitted to civil police while handing over the dead body of Dhruba Jyoti Gogoi, and also allowing the petitioner to file additional affidavit. The post mortem report, the inquest report and the report submitted by the army authority were produced on 25-3-91. On 25-3-91, this Court allowed the army authority to file counter with a direction that in the counter the following facts should be stated - "