NOTLE Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition presented on 26.4.96, the petitioner Notle, wife of Bu-O Angami, complained of illegal and wrongful detention of her husband Bu-O Angami by the Security Forces (29th Bn. Assam Rifles) and prayed for a writ of Habeas Corpus. The above named detenu, the petitioner's husband, was arrested on 18.4.1996 around 11.30 p.m. and taken away from his house situated in Chhota Basti of Kohima town in a blind folded manner without assigning reason or disclosing his ground of arrest. The house was also searched, but nothing incriminating was found. On 19th morning the matter was reported to the Deputy Commissioner, Kohima as also to the Officer-in-charge, Police Station, Kohima, praying for tracing out the detenu, but till filing of the writ petition he was not traced. He was neither produced before any Magistrate nor was handed over to nearest police station as contemplated under section 5 of the Armed Forces (Special Powers) Act, 1958. Thereafter the present petition was filed on 26.4.96 and on the same day a learned single Judge of this court while issuing rule made the following direction:

(2.) Since the above order dated 26.4.96 was not complied with a contempt petition was moved on 30;4.1996 alleging wilful defiance of the court's order dated 26.4.96 by the respondent Commanding Officer, 29th Bn. Assam Rifles, Col. V.K. Malhotra. A miscellaneous application being Misc. Case No. 21 (K) of 1996 was also filed on 6.5.1996 to bring to light how the detenu was tortured to death. That too in defiance of the court's order dated 26.4.1996.

(3.) By order dated 28.10.1997 this petition was sent to the main seat at Guwahati for being listed for final hearing on 17.11.1997. The respondents have entered appearance. It may be noted that there are three affidavits-in-opposition filed by the Commandant 29th Bn. A.R. As per the affidavit filed on 23.5.1996 it is an admitted position that Bu-O Angami was picked up in the small hours of 19.4.1996 on specific information as claimed by the respondent No. 5. The reason for not handing him over to the nearest police station as assigned by and contained in the affidavit dated 23.5.1996 is as follows: