MANYAU PHOM Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) The petitioner is the elder sister of Shri Lima Phom who was arrested by personnel of the 311 Mtn Brig on 8.4.98 at about 9.30 AM while said Lima Phom was proceeding to Longleng by a private Jeep with his mother, one sister named B. Helem Phom, Pastor of Baptist Church Tamlu Town, Shri Mongmei, Deacon and GB, Shri Bushong, Finance Secretary Baptist Church Tamlu Town, Shri Henshen and Shri Thepmei and another youth worker of the Baptist Church of Tamlu Town. After the said Shri Lima Phom was apprehended, he was detained by the Army personnel and he was taken away. Para 3 of the petition states that Pastor of the Baptist Church, Tamlu Town had pleaded with the Army by his letter dated 8.4.98 saying that said Lima Phom was an ordinary person and he had no link with any organisation. Subsequently the Chairman of Tamlu Village Council also wrote a letter to the Chief Secretary of Nagaland on 29.4.98 requesting him to intervene in the matter so that the arrested person could be released from Army custody, but to no avail.

(2.) It is contended in para 5 of this writ petition that the petitioner came to know that her brother had been badly tortured at the hands of Army and so she sought interview with her brother; but the said request was turned down. It is contended in the same para that her brother Lima Phom was subjected to various kinds of torture including electric shock.

(3.) When this petition was filed, Shri Lima Phom had been detained by Army for 27 days without assigning any reason and in complete violation of the provisions of Art. 21 of the Constitution of India and section 5 of the Armed Forces (Special Powers) Act, 1958. The contention of the petitioner is that soon after arrest on 8.4.98 and not later than 24 hours from the time of arrest, said Lima Phom ought to have been made over to the Officer In-charge of the nearest Police Station as mandated in this behalf by the constitutional provisions as well as the provisions under Armed Forces (Special Powers) Act. It may be stated that after 42 days of the arrest, Shri Lima Phom was made over to police on 20.5.98.