MUNINDRA BASUMATARY FOR AND ON BEHALF OF MANGANADA DAIMARY AND JADAV DAIMARY Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) THIS habeas corpus petition is filed by the Petitioner on behalf of Magananda Daimary and his son Jadav Diamary. The Under secretary (Home) of the Government of Arunachal Pradesh has sworn to a counter affidavit.

(2.) ON an earlier occasion Criminal Revision 233 of 1991 was filed in this Court on behalf of these two persons. As per Annexure -A dated 11.6.91 the High Court directed the Deputy Commissioner of Naharlagun to take up for consideration bail request on behalf of Jadav Daimary on or before 20.6.91 and release him on ball if no charge sheet was submitted on or before that dale. Petitioner complains that though bail application was filed on behalf of Jadav Daimary it was not entertained. This allegation is denied in the counter affidavit, which states that Jadav Daimary is still in judicial custody in connection with a Bank dacoity case in G.R. Case No. 23/91 of the court of Additional Deputy Commissioner, Naharlagun, that no proper application was filed and the other requirements of law were not fulfilled and therefore he was not released on bail. It is further pointed out that he could not furnish adequate security and hence the bail application was rejected on 1.7.91. In these circumstances all that needs to be done is to reiterate the order of this Court in Criminal Revision No. 233 of 1991 that Jadav Daimary shall be released on bail subject to the conditions imposed in that order,

(3.) THE learned Counsel for the Petitioner contended that there is no material at all to show that Magananda Daimary was in any way concerned with any act coming within the purview of Section 3 or 4 of TADA Act and therefore the F. I. R. and his detention are illegal. Learned Counsel placed reliance on two decisions of the Supreme Court, one of Gujarat High Court and several decisions of this Court in support of his argument that this Court has jurisdiction under Article 226 of the Constitution to direct release of Magananda Daimary. It Is therefore necessary to advert to these decisions.