SITA DEVI THAPA W/O CHAKRA BAHADUR THAPA, TRIPURA Vs. THE COMMANDANT, 6TH BATTALION ASSAM RIFLES, AND ORS.

JUDGEMENT

(1.) This application has been filed by Smti. Sita Devi Thapa, wife of Shri Chakra Bahadur Thapa, who was a Naik in the 6th Battalion Assam Rifles, Agartala to issue a Writ of Habeas Corpus against the respondents namely, the Commandant of the 6th Battalion Assam Rifles, the District Magistrate of Tripura and the Superintendent of Central Jail, Tripura and to order the immediate release of the said Chakra Bahadur Thapa, who is said to have been detained in illegal custody in the Central Jail.

(2.) Shri Chakra Bahadur Thapa was the NCO on duty in the Assam Rifles Officers Club on T2-it-6t. At about 1 P. M., the acting Commandant of the 6th Battalion Assam Rifles, Major C. N. Madiah, went to the Club and saw some minor girls in the room of Naik Chakra Bahadur Thapa. There is dispute as to what happened then. The petitioner would say that the Major abused her husband and struck him with the Telephone receiver and a scuffle followed in which the Major as well as Chakra Bahadur Thapa were injured. But according to the first respondent the Commandant, Chakra Bahadur Thapa assaulted Major Madiah. and caused him injuries on the Major asking. Chakra Bahadur Thapa why he allowed the girls into the room. There is also an allegation that Chakra Bahadur Thapa threatened the Major with a sword taken from the Club. But this allegation was subsequently found not proved. Any way, Chakra Bahadur Thapa was put under quarter guard.

(3.) On 17-11-1961 notice was given by one Capt. Roshan Lal on behalf of the Commandant warning Chakra Bahadur Thapa that he was charged under the Assam Rifles Amendment Act, 1958 Section 6 (b) with using criminal force to his superior officer and assaulting him and threatening him with a sword from the Club room, and directing him to give his explanation, by 21-11-1961, as to why judicial proceedings should not be held against him. Chakra Bahadur Thapa appears to have given his explanation on 21-11-61. By that time, the first respondent, who was the Commaa-dant and who was not in station when the incident took place, had returned and on 23-11-61 he began the trial of Chakra Bahadur Thapa. He first framed a charge, stating it to be under the Assam Rifles Amendment Act, 1958 Section 6 (b) for using criminal force to and assaulting Major Madiah and threatening him with the sword from the Club room. Six witnesses were examined at the trial on 23-11-61 and 24-11-61. Then Chakra Bahadur Thapa was questioned and his statement was taken down on 25-11-61.