BACHA BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this application under Art. 226 of the Constitution of India the petitioner Bacha Bora complains against the arrest and detention of his sons Rituraj Barua aged 19 and Padmaraj Barua aged 21 as illegal and wrongful and prays for a writ of habeas corpus and compensation.

(2.) It appears from the records that on 1-12-90 the army personnel arrested Rituraj Barua from his house at Tingrai within Digboi Police Station of the district of Tinsukia and on 2-12-90 Padmaraj Barua from Margherita within Tinsukia District. Army authority made over them to Tinsukia Police Station on 16- 12-90. Thereafter, a case was registered on 16-12-90 being Tinsukia Police Station Case No.389 of 1990 u/Ss.3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 on the accusation that the two are accomplice in the ULFA activities. After the formal arrest of the two by the civil police, they were produced before the Additional District Magistrate on the very same day for remand order. The Additional District Magistrate transferred the case to Digboi Police Station and the Digboi Police Station renumbered the case as its police station case No. 200 of 1990. As ordered by this Court the two arrested persons were produced on 21-12-90 before this Court. There are allegations that after the arrest the two were assaulted and tortured by the army personnel. The army authority denies the allegations.

(3.) The Central Government declared the whole of the State of Assam as a disturbed area u/S.3 of the Armed Forces (Special Powers) Act, 1952, for short, 'the Act'. The Act authorises the army authority to arrest, or to search and arrest, of arrestable person as provided u/S. 4 of the Act. U/S.5 of the Act, any person arrested and taken into custody under the Act shall be made over to the officer in charge of the nearest police station with least possible delay with a report of the circumstances occasioning the arrest.