V. Dutta Gyani, C.J. (Acting)--

Basic facts of this case are substantially admitted. The only difference is

on the nature of a defence set up by the respondents, otherwise it is an admitted position that the father of petitioner Nos. 2 to 4 and the husband of petitioner No. 1 was picked up by the Army on 13th September, 1997.

2. While the writ petitioners' claim is that on 13.9.97, at about 4 PM a group of Army personnel came to the tea stall while Bhupen Choudhury, their father was engaged in his own tea stall he was asked to go with them to their camp. Handing over the charge of his tea stall to one of his sons, he went with the Army personnel. At the same time another person by name Sri Krishna Sharma was also picked up, who was the Manager of nearby tea stall. When he did not return by the night the petitioners with four other local persons went to Khairabari Army camp around 9 AM, they reached at the gate of the Army camp and requested the Sentry on duty to allow them to meet the Major. An Army personnel wrote the names of the petitioners and other persons on a slip of paper and went inside. After a while the persons came back, with few others and started scolding them and did n

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