ORDER :- This is an application for the issue of a writ of habeas corpus for releasing the petitioner Gaibidingpao Kabui from Jail custody.

2. This petitioner and two others, Kadonglung and Namei were arrested on 12-8-1961 near Tamenglong by the Army and they were produced before Shri K. Lamphel Singh, Magistrate 1st Class at Imphal on 17-8-1961 with a letter from the O/C Imphal Police Station. In the said letter, it was mentioned that they were Naga Hostiles of the area and were arrested by the Army, that the O/C Tamenglong and Nungba Police Stations have been asked to submit N. F. I. R. under Sec. 109, Cri. P. C. for prosecution and that they may be remanded to Jail for a period of 15 days, during which the N. F. I. R. will be submitted. The Magistrate thereupon remanded them to Jail custody till 30-8-1961.

3. On 24-8-1961, the petitioner Gaibidingpao Kabui sent a petition to the Magistrate from jail stating that he was a cultivator and innocent of any offence and that a Police Report may be immediately called for and he may be released. This petition was sent for a Police report by 30-8-1961. The O/C I. P. S. endorsed a report on the said petition on 30-8-1961 that the village fro

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