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1991 Supreme(Gau) 54

R.K.MANISANA SINGH, M.SHARMA
Bacha Bora – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
K.P.Sharma, J.Singh, A.C.Borbora, M.A.Laskar, K.N.Choudhary, R.Borbora

R.K. Manisana, J.—

In this application under Article 226 of the Cons­titution of India, the petitioner Bacha Bora complains against the arrest and detention of his sons Rituraj Barua aged 19 and Pddmaraj Barua aged 21 as illegal and wrongful and prays for a writ of Habeas Corpus and compensation.

2 It appears from the records that on 1.l2.93 the army personnel arrested Rituraj Barua from his house at Tingrai within Digboi Police Station of the district of Tinsukia and on 2.12.90 Padraaraj Barua from Margherita within Tinsukia District. Army authority made over them to Tinsukia Police Station on 16.1.90. Thereafter, a case was registered on 16.12.90 being Tinsukia Police Station Case No. 389 of 1990 under sections 3 and 4 of the Terrorist and Destructive Activities (Prevention) Act, 1987 on the accusation that the two are accomplice in the TJLFA activities. After the formal arrest of the two by the civil police, they were produced before the Additional District Magistrate on the very same day for remand order. The Additional District Magistrate transferred the case to Digboi Police Station and the Digboi Police Station renumbered the case as its Police Station case No. 200 of 1990. As
















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