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1998 Supreme(Gau) 164

V.DUTTA GYANI, N.C.JAIN
Notle – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
T.Koza, R.Rison, P.K.Goswami, G.A.Shimray

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 ove













































































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