RAJEN GOGOI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this application under Article 226 of the Constitution of India, petitioner prays for issuance of a Writ in the nature of Habeas Corpus and/or the appropriate Writ or direction for production of the detenue Manik Gogoi and also for their release. The facts of the case are as follows:

(2.) The Army Personnel arrested Manik Gogoi and another in Guwahati and took the detenu with them in their vehicle. Since the whereabouts of the detenu could not be ascertained and that the detenus were not produced before any Magistrate or handed over to the Police, the Petitioner apprehended that the detenue might have been inflicted with inhuman treatment and severe torture by the army. The Petitioner or the [members of the family did not hear anything about them. Hence the present petition.

(3.) By an order dated April 2,1993 this Court issued Rule, notice was accepted on behalf of the respondents. The court further directed that the Army authority should make over the detenue to the nearest Police Station, if not already been made over and that the Civil Police should produce the detenue before the Registrar of the Count within 24 hours. On April 5, 1993 Mr. A.C. Borborah, Learned Counsel for (he Petitioner produced a copy of daily newspaper 'The Sentinel' dated April 5,, 1993 and submitted that dead body of Manik Gogoi, the detenu No. 1 was received by his parents. The Court directed the Chief Judicial Magistrate, Dibrugarh to obtain a copy of post Mortem report and the inquest report of the deceased and to send the same to this Court. Post mortem and Inquest report were received by this Court on April 30, 1993.