GHOTOVI SEMA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Imti Imsong, learned counsel for the petitioner as well as Mr. E. Y. Renthungo learned Jr. Govt. Advocate.

(2.) From the Office note dated 29-8-95, notice upon the respondent No. 5 to 13 has been issued by Registered post. Under the Civil Procedure Code, it is presumed to have been served. However, none enters appearance on behalf of the respondents, Mr. E. Y. Renthungo has expressed his inability to file counter on behalf of the respondents 1 to 4 as no instruction has been received inspite of repeated reminders. However, considering the facts and circumstances of the case I propose to dispose of this petition on merit as the matter brooks no delay.

(3.) The case in hand illustrates a classic example as to how the valuable life and liberty of a citizen was put to an end by an act of barbarism. The deceased is stated to be aged about 24 years was detained under the National Security Act some time in April 1994 and he was detained in Central Jail Dimapur. The allegation is that, on 7-3-95 which was a visiting day, some of his friends went to visit him by obtaining a visiting slip after payment for Rs. 5/- as is the practice. All the other visitors were allowed to meet the inmates of the jail, however, the visitors of the deceased were disallowed by the jail warden. This was resented by the deceased.