ANIMA BASUMATARY Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard Mr. S. Das, the learned counsel appearing for the petitioner. Also heard Mrs. G. Sinha, the learned Addl. C.G.S.C. and Mrs. A. Hazarika, the learned Addl. Sr. Govt. Advocate, Assam representing respective official respondents.

(2.) This is an application under Article 226 of the Constitution of India seeking for issuance of a writ of or in the nature of Habeas Corpus and/or any other appropriate writ, direction or order of like nature directing the official respondents especially the Army to produce one Sri Swapan Basumatary before this Court.

(3.) The petitioner in the instant case is the wife of said Swapan Basumatary. Her case is that on 31.8.2002 at about 8 p.m., some unidentified Army Personnel came to their house situated at Village Charaikhola in the district of Kokrajhar and apprehended her husband and her brother-in-law, Sri Jiban Basumatary (brother of Swapan Basumatary). The Army personnel brutally assaulted both of them at the courtyard of their house and then they were taken away in their vehicle, Inspite of their repeated query, the Army personnel did not disclose the where-about of her husband as well as Jiban Basumatary. Having no other alternative, the petitioner alongwith the wife of Sri Jiban Basumatary lodged an F.I.R. with the Kokrajhar Police on 1.9.2002. After enquiry, the Officer-in-charge of Kokrajhar Police Station informed them that Army Personnel of 1st Maratha Regiment camped at Gossaigaon arrested both Swapan Basumatary and Jiban Basumatary. The petitioner again on 2.9.2002 alongwith Srimati Behula Basumatary, wife of Sri Jiban Basumatary filed a joint application before the Deputy Commissioner, Kokrajhar to take steps for release of their husbands from the army custody and the said application was forwarded to the Superintendent of Police, Kokrajhar for immediate report.