BUDHESWAR BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner invokes the extraordinary jurisdiction of this court under Article 226 of the Constitution of India with a prayer to issue Writ in the nature of Habeas Corpus directing the respondents to produce the detenu Smti Moni Bora aged about 30 years, wife of Danda Bora resident of Village-Deopanigaon, P/S- Bokajan, District-Karbi Anglong before this court and release her from detention and/or to produce the detenu before the Magistrate without any delay and to pay adequate compensation for illegal detention and to institute an enquiry by an independent investigating agency into the incident of causing disappearance of the said Smti Moni Bora. FACTUAL MATRIX:

(2.) The allegations levelled in the writ petition are that on 20.4.05 at about 8 AM a police party led by additional Superintendent of Police Mukul Saikia while carrying out an operation in the forest of Kalapahar under Bokajan Police Station in the Karbi Anglong District picked up Smti Moni Bora in an injured condition in presence of the local villagers and since then she has remained untraced. This incident has been widely reported in various newspapers. It is alleged that even by the time of filing this writ petition the respondents having taken the said Smti Moni Bora into custody have not produced her before any Magistrate which they are duty bound in law to do so.

(3.) It is alleged that after the arrest of the detenu she has been taken to some undisclosed destination. The efforts made by the petitioner to know the whereabouts of the said Smti Moni Bora did not yield any result. The authorities did not render any assistance or cooperation in the matter.