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1970 Supreme(SC) 405

A. N. RAY, C. A. VAIDIALINGAM, G. K. MITTER, J. M. SHELAT, M. HIDAYATULLAH
V. L. Rohlua – Appellant
Versus
Deputy Commissioner, Aijal, District Mizo – Respondent


Advocates:
HARDEV SINGH, NAUNIT LAL

M.HIDAYATULLAH, C.J.I.

(1) THE petitioner Rohlua has applied for his release by the issuance of a writ of habeas corpus. Previously he had applied to the High court of Assam and Nagaland (Misc. Criminal Case No. 506 of 1969), but his petition was¯dismissed. The facts are as follows :

(2) THE petitioner is admittedly an inhabitant of Bakupi in the Mizo District. He was arrested by the Armed Forces under Section 4(c) of the Armed Forces (Assam and Manipur) Special Powers Act, 1958. He was handed over to the Civil Authorities on 2/03/1968. Since then two criminal cases have been started against him on 10/11/1969 and 26/02/1970. They cover a wide range of offences under the Assam Maintenance of Public Order Act, the Arms Act, several S. of the Indian Penal Code etc. The cases are pending against him.

(3) THE petitioners complaint is that he was not informed of the grounds of his arrest and detention, that no warrant was shown to him and that he was denied the right of making representations. His further grievance is that the cases have not been tried and he is held in illegal custody without obtaining proper remands from Magistrates.

(4) THESE allegations ar





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