T JOICY Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution has been filed for issuance of a writ of Habeas Corpus in respect of one T. Mahaimi alias Apam, husband of the writ petitioner.

(2.) Facts/allegations may be narrated briefly : Said T. Mahaimi alias Apam was picked up by the Special Forces/A. R., Mahar Regiment, 3 Corps combined on 6th June, 1996 at about 11.30 a.m. from the house of Mrs. Dorothy of North A.O.C. while sitting with her and some friends without assigning any reason. Thereafter he was taken into custody by the Armed Forces and he was detained at Army Headquarters at Leimakhong. The petitioner reported the matter to the Deputy Commissioner and other authorities. Representation was also submitted to I.G.P. (Law and Order) for tracing out the said T. Mahaimi. However, there was no positive response from the concerned authorities. After the arrest the said Mahaimi was not produced before Police or Magistrate at any time.

(3.) The petitioner further avers that for quite sometime the petitioner and the other members of the family did not have any knowledge as to where said Mahaimi was kept. However, in the first week of July, 1996 the petitioner came to know that her husband was still alive. This information was received from some friends and relatives who were also arrested but subsequently released after 30 days in Army custody. The petitioner avers that 12 persons who were picked up by the same army personnel has been handed over to Police subsequently. The fact that said Mahaimi was kept at Leimakhong Army HQ was revealed by one R.W. Leishingam. The said Leishingam told the petitioner that Mahaimi had been tortured physically in a very cruel manner, inasmuch as electric shocks were applied at the foot, thumbs, legs, nipples and private part and also he was hung upside down after twisting the legs and in this process Mahaimi was struggling for his survival in the Army custody. It has also been averred that on one occasion Mahaimi was taken to a nearby stream for washing along with another detenu, one A. S. Raiwon. Said A. S. Raiwon was, however, released subsequently.