In the context of a petition for a writ of habeas corpus alleging illegal detention, the burden of proof lies on the petitioners to establish a prima facie case of unlawful confinement. The Court must carefully examine the evidence presented by both parties, including witness testimonies, police reports, and any other relevant materials, to determine whether there is sufficient evidence to support the allegations of illegal detention.

The first petitioner is the father and the second petitioner is the wife of Bhikari Paswan who until the alleged disappearance was a worker of Victoria Jute Mills at Telinipara, District-Hooghly. They have moved this Court under Article 226 of the Constitution of India alleging inter alia that the management of the mills was not making payment or the due wages/salaries and other dues to the workers for a long period of time and workers were ventilating their grievance by agitating from time to time. When their wages, according to the petitioners were not paid before Durga Puja of the year 1993, workers intensified their agitation irrespective of their affiliation to any recognised trade union, because, according to the petitioners, since it was felt by the workers of the said jute mills that the trade unions were giving false hopes to the workers, the workers were also aggrieved against the trade unions operating in the laid mills. On 21.10.93 the workers of the said jute mills held demonstration against the management as also against the trade union leaders operating at the said jute mills. The police authorities, without any provocation, resorted to athi charge the workers and then resorted to firing without any justifiable cause at all. The administration also did not take any steps compelling the management to make payment of the legal dues of the workers of the jute mills.

2. On 30.10.93, the petitioners have alleged, at the instance of the District Magistrate, Hooghly, some payments were made to the workers of the said jute mill by the management. Bhikari Paswan went to the mill premises on that date for receiving payment and returned after receiving some payment around 7.30 p.m. to his house Around 12.30 a.m. in the night of 30/31.10.93 it is alleged, the second petitioner heard that some persons were knocking on the door of their residence calling for Bhikari Paswan and on opening the door of the premises found that Samar Dutta, Sub-Inspector of Police (respondent No. 8) who was earlier posted at Telinipara Police Outpost and presently posted at Srirampore P.S. and one Swapan (9th respondent) a constable and commonly called as Dack Babu of Telinipara Outpost were standing in uniform outside the said premises along with other Police Officers, 8th respondent and 9th respondent asked the second petitioner to call Bhikari when the petitioner No. 2 told them that Bhikari Paswan was sleeping. They rudely asked the petitioner No. 2 to wake up Bhikari Paswan and call him immediately. The second petitioner then informed Bhikari Paswan that the said two Police Officers, who were in their uniform, were calling him. Bhikari Paswan, who was wearing nothing but a towel at that point of time, came out to the main door of the premises along with the writ petitioners. The petitioners, have thereafter alleged that the said two Police Officers named Samar Dutta and Swapan caught hold of the neck of Bhikari and started assaulting him ruthlessly in presence or the petitioners. By reason of such assault, Bhikari Paswan started bleeding from his mouth and nose. In the meantime, some of the neighbours who woke up from their sleep, came out and saw that Bhikari Paswan was being ruthlessly assaulted and beaten up by the said two police personnel. Samar Dutta and Swapan arrested Bhikari Paswan and dragged him with them in presence of the petitioners. Further events, according to the petitioners that followed the alleged arrest of Bhikari Paswan were as follows:-

The first petitioner went to the Telinipara Town Outpost where he found that Bhikari Paswan was kept in the lock up and from outside of the said outpost he saw that Bhikari Paswan was lying on the floor and heard 'faint crying' of Bhikari Paswan. He requested the Sentry at the outpost for permission to talk to Bhikari Paswan but he was not allowed to talk to him. The Additional Superintendent of Police, Hooghly, H.P. Singh (respondent No. 5) was present at, Telinipara Town Outpost