Judgment

HIDAYATULLAH, J. : These are appeals by the State of Nagaland against the judgment and order of the High Court of Assam and Nagaland August 26, 1965, by which the High Court, allowing certain writ petitions filed by the respondents, issued a writ of mandamus directing the Additional Deputy, Commissioner, Kohima and the State of Nagaland, not to proceed with the trial of the respondents. The High Court has certified the case as fit for appeal to this Court. The facts are these :

2. The respondents are members of the 7th Battalion of the Central Reserve Police (shortly called in this judgment the C. R. P.) who, under the command of the 8th Mountairn Division Infantry Brigade, were engaged in operations in the State of Nagaland. On receipt of information that on or about August 3, 1964, seven hostile Nagas, who were captured and kept prisoners with the C. R. P. at Pfutser Camp, were murdered and their dead bodies secretly disposed of, the police, after investigating the report, arrested 44 persons and charged them with offences under Ss.302/109/34 and 201, Indian Penal Code. Some other members of the C. R. P. were charged at the same time under S. 486 Indian Penal Code for sett