Judgment

DUA, J.-Sapmawia, son of Tivuala, has forwarded from the Dibrugarh Jail his petition for a writ of habeas corpus. According to the averments made in this petition he claims to be a loyal citizen of India hailing from Bairabi (Bairangal) village, Mizo District. On the 14th August, 1968, he was taken by the Security Forces from his house in Bairabi, Mizo District to work as a porter for carrying their luggage to the next village. The petitioner was, however, not allowed to return home. He was kept under military guard for about three months without any interrogation. On November 23, 1968, he was sent to Silchar District Jail where he was interrogated by a Sub-Inspector of Police. He was thus kept as an under-trial prisoner since his arrest. On enquiry from Jail authorities he learnt that he was charged with offences under Section 121, I. P. C. and under Rules 41 (5) and 32(5) of the Defence of India Rules and also under Sections 10. 11 and 13 of the Unlawful Activities (Prevention) Act. The petitioner was transferred from Silchar all to Nawgong Jail and from there to the District Jail, Dibrugarh. Later the charges under Section 121, I.P.C. and under Rules 41(5) and 32(5), De