LAWS(GAU)-2004-5-1

MOHAN DAS Vs. UNION OF INDIA

Decided On May 18, 2004
MOHAN DAS Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. B. K. Jain, learned counsel for the petitioner. Also heard Mr. D. Baruah, learned Central Govt. Standing Counsel and Mrs. A. Hazarika, learned Addl. Senior Govt. Advocate, Assam for the respondents.

(2.) This habeas corpus petition is filed by the petitioner Shri Mohan Das against the- Union of India and the State of Assam seeking production of his son Sri Baikuntha Das before the court on the allegation that on 31.07.2001 at about 4 A.M. about 15 to 20 Army personnel came to his residence at village Bhalukmari and picked up his son Baikuntha Das. The petitioner saw his son being taken to Jalah Police Post. He along with some other villagers went to Jalah Police Post, but were not allowed to meet his son. At about 2 P.M. he saw his son being lead away by the army. That was the last time he saw his son. On 03.08.2001 the petitioner filed an FIR with the Officer-incharge Jalah P.P. stating that the army has detained his son. The petitioner thereafter made repeated enquiries at the concerned police out post, but only assurance was given to him that they are making enquiries and his son will be traced soon. It is further alleged that after arrest of the detenue by the army authorities on 31.07.2001 till date the whereabouts of his son are not known to the members of his family.

(3.) This court issued notice on the respondents. An affidavit is filed by Lieutenant Dhirender Yadav, Eastern Command, c/o 99 APO denying the fact of picking up or arresting the son of the petitioner. It is alleged, inter alia, that on specific information about presence of ULFA Action Group the army was deployed in Bhalukmari, the village of the petitioner. But on learning that the ULFA militants have left for paschim Bakura, the army personnel left Bhalukmari and raided Paschim Bakura where there was an encounter between the army and the militants in which two militants were shot dead. It is denied that the petitioner or anybody came to enquire about any detained person in Dumni Bazar Camp.