SHORIFUL ISLAM Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. K. Taja, learned counsel for the petitioner. Also heard Mr. T. Ete, learned counsel for the respondent Nos. 1 to 4, Mr. B. Picha, learned counsel for the respondent No. 5 and Ms. T. Mossang, learned counsel for the respondent No. 6.

(2.) The petitioner has filed this application under Article 226 read with Article 227 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus or a writ of Mandamus or a direction of like nature. The petitioner in this case is Shri Shoriful Islam, brother of the missing person 'X'. Victim 'X' (name withheld) is the missing person who is aged about 31 years. A video clipping went viral on social media with footage of a woman being brutally tortured and assaulted by a group of individuals, at Sood village in Yupia. On being queried about the assault, the officials of Popu Hill Police Station came and took the injured lady in the PCR van. The petitioner thereafter came to know that the injured lady is his sister 'X' and was taken by the police and so, he went to the Popu Hill Police Station to enquire about his sister. The petitioner was then informed by the Popu Hill police personnel that the police team tried to hand over the injured victim to Laluk Police Station, but they refused to take custody of the victim without any case and they declined to act beyond their jurisdiction.They informed the petitioner that the victim was helped into a train at Yupia train station and the TTE was asked to drop her at Harmuti train station.

(3.) The petitioner is aggrieved as his sister is still missing on account of apathy of the officials of the Popu Hill Police Station. It was the duty of the police officials to hand over the victim to any NGO or similar institution which would have helped her through the State Commission for Women. The miscreants were not arrested in connection with this case. The whereabouts of the victim woman is unknown. The incident impelled the petitioner to lodge an FIR which was registered as Itanagar Women Police Station Case No. 145/2022 under Ss. 355/211/509/506/341/323/34 of the Indian Penal Code, 1860. Even after the FIR-cum-missing report was lodged, no action was taken by the police nor any information was provided to the petitioner about the whereabouts of the victim. The petitioner has prayed to direct the Officer-in-Charge of the concerned Police Station to hand over the custody of the victim 'X' to the petitioner and also to direct the police to trace the missing person at the earliest.