SHAIKHUI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is to dispose of Civil Rule (HC) No. 20 (K) of 1996 and Civil Miscellaneous Case No. 24(K) of 1996 wherein inter-related questions of facts and laws are involved.

(2.) Civil Rule (HC) No. 20 (K) of 1996 was filed by one Shaikhui, a resident of Nagarjan, Dimapur on 27.2.96 alleging about illegal detention of his maternal cousin, namely, Angring alias Ason of Burma Camp, Dimapur by personnel of security forces posted at HQs. of 3 Corps Rangapahar, Nagaland and thereby of consequent violation of the provisions of Articles 21 and 22 of the Constitution of India. According to the petitioner, the said Angring alias Ason was arrested on 26.2.96 at about 10 A.M. by Army personnel of Rangapahar, Army HQs and taken away towards Rangapahar in a white Gypsy. Further, according to the petitioner, despite due information given to the Ad ditional Dy. Commissioner, Dimapur and the Officer in -charge of East Police Station, Dimapur about the matter, there was no news relating to whereabout of the said Angring alias Ason till the filing of the Civil Rule. In this Civil Rule, the petitioner is praying mainly for issuing a writ of Habeas Corpus directing the respondents to produce the said Angring alias Ason and set him at his liberty. At the same time, the petitioner is praying for directing the respondents to pay compensation to the said detenu's family for torture and illegal detention.

(3.) On the day on which the above said case was filed, i.e. on 27.2.96, a Bench of this Court, after hearing the petitioner and the respondent No. 3, through their respective counsel, directed the General Officer Commanding HQs, 3 Corps, Rangapahar the respondent No. 4) to make over the detenu to the nearest Police Station. On 27.2.96 at about 4.45 P.M., the O.C. Sub- Urban Police Station, Dimapur received an unidentified deadbody from security personnel along with one FIR filed by M.K. Yadav No. 125421 Rank C.F.N. of 3 Corps. As per the said FIR, consequent upon an I.E.D. blast, patrolling of entire Dimapur town was undertaken during the night in between 26-27.2.1996 to maintain peace and tranquility and while a column of security forces was patrolling, it was fired upon and in the ensuing encounter, one assailant was killed. Further, as per allegations in the FIR, one M 21 Rifle was recovered and since the individual was involved in treacherous act of killing of security forces, he was graded as black. Thus, the unidentified deadbody was handed over to the police by personnel of security forces on 27.2.96 at about 4.45 A.M. along with the report to the effect that the unidentified deadbody was one of the persons who had attacked the patrolling party in the night and that the said unidentified attacker died in the exchange of firing in between the attackers and the patrolling party. Then, on 28.2.96 at about 6 A.M., the deadbody was identified as of the said Angring by one A.Z. Shimray at the said Sub-Urban Police Station.