NAREN MORAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. B. K. Mahajan, learned counsel for the petitioner. Also heard Mr. C. Baruah, learned counsel representing the Army Authorities. Ms. B. Goyal, learned Govt. Advocate, appears for the State respondent.

(2.) THE present Habeas Corpus petition has been filed seeking production of one Muleswar Moran, hereinafter referred to as 'detenu', who was alleged to have been picked up on 24. 07. 2003 by a posse of army personnel, on his way to a weekly bazar under Pengeree Police Station of Tinsukia district.

(3.) IN the counter affidavit dated 20. 11. 2003 sworn by one Sumit Sachdeva, a Lieutenant in the Army, it was averred that the detenu was assisting the army in apprehending Mrs. Okhi Chetia alias Debolata Baruah, a sympathizer/member of the banned ULFA organisation. It was further averred that the detenu, was assisting the army for reward and on 24. 07. 2003, he assisted the army in apprehending Mrs. Okhi Chetia. It was also averred that on the night of 24th and 25th July, 2003 also, the detenu cooperated with the army and was seen by the villagers. The counter affidavit also stated that on 28. 07. 2003, the detenu received his monetary reward.