NILOY DUTTA Vs. DISTRICT MAGISTRATE SIBSAGAR DISTRICT

JUDGEMENT

(1.) The circumstances in which the writ petition was filed in this court are rather unusual. We set out the facts in brief in chronological order.

(2.) A practicing advocate of this court Sri Pranabananda Pathak intervened at a convenient time in the forenoon of 24/01/1991 read a news item in the open court from Nateen Dainik (a daily newspaper in Assam) under the caption"Sandehjukta ULFA Sadashya Atak". Translated into English the news item reads as follows : uspected ULFA female members detained". On 22/01/1991 it is reported two females were taken in custody to Army camp for interrogation. The occurrence perturbed the local populace. Among the two females one is Asomi Gogoi, a High School student of Class X. The other Minu Saikia is a student of Higher Secondary School in 2nd year. Sri P. Pathak requested the powers of this court under Art. 226 of the Constitution be invoked to interdict the Army from taking females to Army Camp for interrogation.

(3.) On January 24 it was not known whether the two females were arrested or whether they were taken for interrogation. The court requested the learned Central Government Standing Counsel, the learned Sr. Government Advocate, Assam and Shri N. Dutta and Shri H. Roy, two practicing advocates all the four to meet us in the Chambers at the lunch recess for what steps are to be taken. Since the news item was in Assamese a request was made to have the news item translated. The English translation of the news item reads as under : "Natun Dainik" Fourth Year Edition : Guwahati Thursday 10 Magha, 1912. Saka : 14/01/1991. Price Rs. 1.50 Suspected Ulfa Female Member Detained - By Special Correspondent. Sibsagar, January 23 :