The Court has the power to award compensation for contravention of fundamental rights, and violation of Article 21 can lead to the award of compensation based on strict liability.

B.S. Reddy, C.J.

1. The petitioner invokes the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to issue writ in the nature of Habeas Corpus directing the respondents to produce the detenue Smt. Moni Bora aged about 30 years, wife of Danda Bora resident of village Deopanigaon, P/S Bokajan, District Karbi Anglong before this Court and release her from detention and/or to produce the detenue before the Magistrate without any delay and to pay adequate compensation for illegal detention and to institute an enquiry by an independent investigating agency into the incident of causing disappearance of the said Smti. Moni Bora.

FACTUAL MATRIX:

2. The allegations levelled in the writ petition are that on 20-4-2005 at about 8 a.m. a police party led by Additional Superintendent of Police Mukul Saikia while carrying out an operation in the forest of Kalapahar under Bokajan Police Station in Kalapahar under Bokajan Police Station in the Karbi Anglong District picked up Smt Moni Bora in an injured condition in presence of the local villagers and since then she has remained untraced. This incident has been widely reported in various newspapers. It is alleged that even by the time of filing this writ petition the respondents having taken the said Smti. Moni Bora into custody have not produced her before any Magistrate which they are duty bound in law to do so.

3. It is alleged that after the arrest of the detenue she has been taken to some undisclosed destination. The efforts made by the petitioner to know the whereabouts of the said Smt Moni Bora did not yield any result. The authorities did not render any assistance or co-operation in the matter.

4. The petitioner apprehends the respondents having taken said Smt Moni Bora into custody may have subjected her to torture in the police station which is the usual practice adopted by the police in the State of Assam in the name of anti-insurgency operations.

5. It is contended that the detention of Smti. Moni Bora by the police and her non-production before the Magistrate, as is required in law, is clear violation of Articles 14, 21 and 22 of the Constitution of India.

6. This Court vide its order dated 23-12-2005 having directed notice to be issued to the respondents further directed the respondents to produce the alleged detenue Smt Moni Bora before this Court on 2-1-2006. On 6-1-2006 the officer present pursuant to the directions of this Court submitted that in spite of the best efforts the police could not locate the whereabouts of the alleged detenue Smti. Moni Bora alias Joya Bora and further submitted that she was neither taken into custody nor arrested by any of the respondents. This Court having recorded the statements so made directed the respondents to file proper affidavit.

VERSION OF THE POLICE:

7. The Superintendent of Police, Karbi Anglong district, Assam filed a detailed affidavit-in opposition inter alia stating that an operation was carried out on 20-4-2005 as alleged by the petitioner but denied that Smt Moni Bora was picked up by the police party and taken away in an injured condition. It Is specifically stated that said Smti. Moni Bora was not apprehended/picked up by the police in the aforesaid operation, therefore, the question of producing her before any Magistrate or in this Court as such does not arise. The usual defence.

8. The Superintendent of Police in his affidavit-in-opposition further stated that on 20-4-2005 following a specific information that a group of ULFA extremists numbering about seven including one 'woman cadre' were camping at the village Raisin Rengma Naga Basti about 50 kms. North West of Borpathar Police Out Post under Bokajan Police Station, a team of police led by Circle Inspector, Bokajan along with commandos and battalion personnel were deputed to conduct 'raid and search operation' in the locality. The police party spotted the camp inside the deep jungle at about 8 kms. away from the Police Out