CHALRIKHUMA Vs. UNION TERRITORY OF MIZORAM

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution for the issue of a Writ of Habeas Corpus and to quash the order of detention under the Maintenance of Internal Security Act, 1971 (thereafter referred to as MISA) as well as some other similar cases, which have been heard together, a number of interesting points have been argued by both sides. For that reason, however, it does not appear necessary to hold up the disposal of this case, pending disposal of other cases, having regard to the fact that it seems possible to dispose of this case on a short ground.

(2.) THE petitioner Ohalrikhurna, belonging to Tuikual 'C' village, attached to Police Station Aizawl in Mizoram, was arrested on 14 -7 -75 and remanded to police custody on 17 -7 -75. A case was registered under the Indian Arms Act in connection with which he was produced before a Magistrate, when he was holding Court on camp. In pursuance of the impugned order, dated 20 -10 -75, passed under the MISA by the Lt. Governor and the Administrator of the Union Territory of Mizoram. He was arrested and grounds were served on the petitioner on 28 -10 -75; thereafter, he was remanded to judicial custody. The petitioner filed a representation against his detention on 1 -11 -75; reference was made by the Union Government of Mizoram to the Advisory Board on 26 -11 -75; thereafter, the representation which the detenu had made to the State Government was dismissed on 14 -12 -75. An order confirming the petitioner's detention was passed on 4 -2 -76.

(3.) THE points argued, ably, on behalf of the petitioner by Dr. M.K. Sarma (amicus curiae) include the following: