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

By this petition presented on 26.4.96 the petitioner Mrs Notle wife of Bu-o Angami complained of illegal and wrongful detention of her husband Bu-o Angami by the Security Force (29th Bn Assam Rifles) and prayed for a writ of Habeas Corpus. The abovenamed detenu, the petitioner's husband, was arrested on 18.4.96 around 11.30 PM and taken away from his house situated in ChotoBasti of Kohimatown in a blind folded manner without assigning reason or disclosing his ground of arrest. The house was laso searched, but nothing incriminating was found. On 19th morning the matter was reported to the Deputy Commissioner. Kohima as also to the Officer ln-charge Police Station Kohima praying for tracing out the detenu, but till filing of the writ petition he was not traced. He was neither produced before any Magistrate nor was handed over to nearest police station as contemplated under section 5 of the Armed Forces (Special Powers) Act, 1958. Thereafter the present petition was filed on 26.4.96 and on the same day a learned Single Judge of this Court while issuing Rule made the following direction :

“In the interim, therefore, I direct the 5th respondent to make over the said Shri Bu-o Angami to the Officer In-charge of the nearest police station immediately on receipt of this order.”

2. Since the above order dated 26.4.96 was not complied 'with a contempt petition was moved on 30.4.96 alleging wilful defiance of the Court's order dated 26.4.96 by the respondent Commanding Officer 29th Bn Assam Rifles Mr. VK Malhotra. A miscellaneous application being Misc Case No. 21 (K)/96 was also filed on 6.5.96 bringing to light how the detemu was tortured to death. That too in defiance of the Court's order dated 26.4.96.

3. By order dated 28.10.97 this petition was sent to the main seat at Guwahati for being listed for final hearing on 17.11.97. The respondents entered appearance. It may be noted that there are three affidavit-in-opposition filed by the Commandant 29 Bn AR. As per the affidavit filed on 23.5.96 it is an admitted position that Bu-o Angami was picked up in the small hours of 19th April, 1996 on specific information as claimed by the respondent No. 5. The reason for not handing him over to the nearest police station as assigned by and contained in the affidavit dated 23.5.96 is as follows :

“the deponent respectfully beg to state that the subject on questioning had revealed his identity as No.1006 SS 2/Lt Bu-o Angami. During the course of questioning he divulged many facts related to NSCN (K). Bu-o had led security forces to Village Chiechema, Berhema and Tophema. He had been taken security forces to certain hideouts of NSCN (K) cadre in Dimapur. Therefore, he could not be handed over to police before completion of operations led by him”

4. The second affidavit filed in the writ petition on 14.5.96 by the same deponent Col VK Malhotra also admits the fact that B u-o Angami was apprehended from his residence around 030 Hrs on 19.4.96 by the security force. The only difference is about the timing. According to the writ petitioner it was around 11.30 PM whereas the respondents say that it was around 12.30 in the night. This difference of timing is hardly of any consequence. It is an admitted position that Bu-o Angami was in the custody of the security force from the moment he was apprehended from his house and till his dead body along with the FIR was handed over to police by the security force. The deponent VK Malhotra in his affidavit dated 14.5.96 has stated that one .38 Revolver made in USA with one empty case and one live round on 9 mm ammunition was recovered from him with two letters as detailed in paragraph 2 of the affidavit dated 14.5.96. It is reproduced hereunder:

“He was apprehended from his residence at about 0030hrs on 19 April 96 by Security Forces based on specific information. One pt 38 revolver, made in USA regd No. PH 1725 with one empty case of point 38 and one live round of 9 mm ammunition was

Click Here to Read the rest of this document