RAMNA JUGLIE Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Civil rule No. 2374 of 1993 has been filed by the elder brother of detenu Shri Thikung Mosang, who was taken into custody on 15.3.93 by the Dibrugarh Police where he was going from the State of Arunachal Pradesh, his place of permanent resident, for business purpose. He was arrested in connection with Dibrugarh P.S. Case No. 229/93/ U/Ss.3/4 TADA (P) Act. Thereafter he was taken to a place called Changlang on 15.4.93 and according to the writ petitioner, the detenu was kept in quarter guard at that place. It has also been stated that he was never produced before any Magistrate. He was shown arrested in GR Case No. 9/93 of Karsang PS Case No. 4993/93 U/S. 121-A of the Indian Penal Code pending before the Court of Deputy Commissioner (J), Changlang. Thereafter he was granted bail in that case by this Court on 15.7.93 in Criminal Original Application No. 443 of 1993. But he was not enlarged on bail as he was shown arrested in another case, namely, Jairampur PS Case No. 12/93 U/ Ss.3/4 TADA (P) Act. The grievance of the petitioner is that his brother was never produced before a competent Court and there was no proper remand order. The Civil Rule (HC) No. 81/93 has been filed by Shri Remna Juglie, a permanent resident of Nampang in the State of Arunachal Pradesh. He was arrested by Arunachal Pradesh Police on 3.7.93 and was kept in the police lock up. Thereafter he was transferred to police custody at Jairampur. It has been stated that he was never produced before any Magistrate and subsequently he came to know that he was arrested in connection with Jairampur PS Case 12/93 registered under Sections 121/121-A/386/34 IPC. He was subsequently shown arrested also in the case registered as Jairampur PS Case 12/93 U/S.3/4 TADA (P) Act. Hence the present petition.

(2.) A counter affidavit has been filed on behalf of the Respondents. Original case diary has also been produced.

(3.) As the matter involves interpretation of provisions of TADA (P) Act, notices were issued to all the Advocate Generals of the North-east We have heard Mr. C. Baruah, learned counsel for the petitioners and Mr. N.M. Lahiri, Mr. S.N. Bhuyan and Mr. A.M. Majumdar, learned Advocate Generals of Meghalaya, Assam and Arunachal Pradesh respectively. On behalf of the Union of India, we have also heard Mr. KIN. Chaudhury and on behalf of the State of Tripura Mr. B.P. Kataky.