P LILY Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution, the petitioner prays for issuance of a writ of Habeas Corpus in respect of her husband, a businessman from Hamreikhong.

(2.) Brief facts of the petitioner's case are that on 5.7.96 at about 11.30 P.M. petitioner's husband Mr. P. Ningther @ Shangchung was apprehended while sleeping by the combined force of 20th Assam Rifles and 3 Corps army from his rented house at Hamreikhong, Hundung, Ukhrul District, Manipur. Since 5.7.96 he had been wrongfully confined and being tortured by the personnel of the said Security Forces and was in their custody at their various camps/stations without any authority of law. On 6.7.96, the petitioner reported the matter to the Officer-in-Charge, Ukhrul P.S. for taking neccessary actions. Security personnel did not hand over the detenue to the civil police nor was he produced before any Magistrate till date. The petitioner has therefore prayed for both writ of Habeas Corpus as well as exemplary compensation.

(3.) By order dated 15.7.96, the respondents 2 to 6 were directed to make over the detenue to the Officer-in-Charge of the nearest police station, a copy of the order was given to Standing Counsel for Central Govt. to do the needful. The respondents on service of notices filed their counter affidavit denying the allegations made by the petitioner. In view of this outright denial, by order dated 19.9,96, the District Judge, Manipur East, Imphal was directed to held an inquiry into the matter and submit his report by 4 8.11.96. Accordingly an enquiry was held and the District Judge after recording evidence of both the parties has submitted his report dated 10.2.97. The parties were furnished copies of the report as well as the statement of witnesses.