SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1991 Supreme(Gau) 76

R.K.MANISANA SINGH, M.SHARMA
Nibaran Bora – Appellant
Versus
Union of India and Ors. – Respondent


Advocates Appeared:
K.N.Choudhary, A.R.Barthakur

R. K. Manisana, J. —

This writ petition has been filed by one Shri Nibaran Bora in his own name as petitioner. Shri Nibaran Bora is not an Advocate. It appears that he Is a public activist, and the President of Sangjyukta Loka Parishad, Guwahati. It is stated in the petition that one Shri Rajen Doloi of Dhemaji was arrested by the army authority on 15. 12. 90 from his house in exercise of the powers under section 4 of the Armed .Forces (Special Powers) Act, 1958. After the arrest, the army authority has not made over Rajen Doloi to Officer in charge of the nearest police station as provided under section 5 of the Act till filing of this writ application on 24.1.91. In the affidavit of the Union of India it is stated that the army authority arrested Rajen Doloi on 25.1,91 and released him on 27,1.91

2. A question has been raised whether the petitioner Shri Nibaran Bora can file the application for a writ of habeas corpus as well as plead the case. Mr. A R. Barthakur, learned Advocate General, Assam has submitted that, in the name of "Public Interest Litigation", traditional litigation has been suffering and if the High Court does not restrict the free flow of such cases, instead of di


















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top