THANESWAR NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is yet another case of a missing citizen, whose whereabouts are not traceable, which was common phenomena in the State some years ago.

(2.) The writ petitioner is the father of one Sri Padum Nath. This writ petition has been filed in the following circumstances: It is alleged by the petitioner that his son Padum Nath was picked up by the Army personnel on 04/06/1998 from his residence at around 4.00 P.M. under Sipajhar Police Station and thereafter his whereabouts were not known till filing of the application. That, at the relevant time Sri Padum Nath was working as Hindi Teacher of Pachim Darrang Bidyajyoti High School, Darrang. The petitioner contended that under the provision of Section 5 of the Armed Forces (Special Power) Act, 1958 the Army is required to forthwith handover any person arrested by it to the nearest police station. But, in the instant case, the army having picked up the alleged detenue Shri Padum Nath on 04/06/1998 failed to produce him to the nearest police station as is required in law. The petitioner and his family members apprehend that the alleged detenue has been subjected to torture by the Army entailing physical dangers to the life of the detenue. It is in these circumstances this habeas corpus petition has been filed seeking appropriate direction to the Respondents to produce the alleged detenue and present him before the nearest Court as is required under the law.

(3.) In the affidavit-in-opposition filed by on behalf of the 1 st Respondent, it is stated that the alleged detenue Shri Padum Nath met the Officer Commanding Duni Camp on 03/06/98 along with the Gaonbura and as the Company Commander was going for operations at that time, he asked them to come back next day. Accordingly, the alleged detenue Padum Nath left the camp accompanied by the Gaonbura Shri G. Deka and did not visit the camp on the next day. The family of Padum Nath and the Gaonbura expressed innocence and did not disclose about his whereabout. It is stated that the Army did not apprehend Padum Nath on 4/6/1998 from his residence as alleged.