SALEHA BEGUM LASKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Subject matter of both the writ petitions being inter-related, those were heard together and are being disposed of by this common order.

(2.) We have heard Mr. A. R. Bhuyan, learned counsel appearing for the petitioners in both the cases and Mr. M. Phukan, learned Central Government counsel (CGC).

(3.) WP(C) No.6283/2010 has been filed by Parul Mazumder Laskar alleging therein that her husband Ikbal Hussain Laskar @ Alta was forcibly taken away by army personnel belonging to No. 117/33 Artillery Field Regiment stationed at Manipur Bagan bordering the State of Manipur in the district of Hailakandi (Assam) on 09.10.2010 at around 3.30 am. It has been alleged that army personnel from the said regiment came to the residence of the petitioner on that day at around the same time and forcibly entered into her dwelling house. They took away her husband in her presence and in front of her 3 daughters. She has alleged beating and torture of her husband by the army personnel. Later on petitioner could learn that her husband was taken away by the army personnel to the army camp located at Manipur Bagan where he was tortured leading to his death. It is the allegation of the petitioner that the dead body of her deceased husband was thereafter brought to the Silchar Medical College and Hospital. Petitioner lodged an FIR at about 3.30 pm on 09.10.2010 before the Algapur Police Station on the basis of which Algapur P.S. Case No.243/2010 was registered under section 365/302 of the Penal Code. On the allegation that police did not take any action, petitioner lodged a complaint before the Chief Judicial Magistrate, Hailakandi on 13.10.2010. Subsequently, the said complaint was merged with the police case already registered by the Algapur Police.