SANU SAIKIA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Habeas Corpus application under Art. 226 of the Constitution of India, has been filed by Sri Sanu Saikia, stating inter-alia that on 4-12-99 his brother Prafulla Saikia @ Manash Pratim Mech was picked up by Army personnel from the house of one Sri Bipul Gogoi alias Petua Mahari. The said detenu was assaulted and he was whisked away in an Army vehicle and since then his whereabouts are not known. The detenu was also not produced before the Magistrate or handed over to police as required. Upon filing of the present petition, this Court vide order dated 22-12-1999 directed the respondents to produce the detenu before the nearest police station.

(2.) The respondent Union Of India filed an affidavit denying the allegations. It is stated that Prafulla Saikia alias Manas was never picked up by the Army and as such there is no question of handing over the said person to the police. In view of the above denial, this Court vide order dated 8-2-2001, directed the District and Sessions Judge to enquire into the matters and submit a report. An enquiry was held wherein the petitioner examined four witnesses and the respondent Union of India examined one witness. The learned District Judge came to the following decision.

(3.) A copy of the enquiry report along with the statement of witnesses was furnished to the learned counsel of both sides and the respondent Union of India filed another affidavit challenging the finding of the learned District and Sessions Judge. We have perused the report and the statement of the witnesses.