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1998 Supreme(Gau) 209

H.K.SEMA, W.A.SHISHAK
Zukheli Sema – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
N.K.Luikham, Kakheto Sema, K.Meruno

H. K. Sema, J. —

This Habeas Corpus petition relates to the missing of one Shri Viyikhu Sema, aged about 70 years from the custody of the 4th respondent, Commanding Officer 5/3 Gorkha Rifles, Rangapahar Army Cantonment, Dimapur, Nagaland, C/o : 99 APO on 11.4.1994. It is alleged that on 11.4.1994, the Contingent of 5/3 Gorkha Rifles under the leadership of one Major Kartar Singh Sirohi conducted search in and around the house of Viyikhu Sema at about 7 AM and he has been placed under arrest at gun point and taken away to the Army Contonment at Rangapahar, and since then the husband of the petitioner was not traceable. This petition was espoused by his wife. Petitioner also reported the matter to the Officer In-charge of Police Station (West) Dimapur on 16th April, 1994, without any result.

2. An application dated 22.4.1994 addressed to the Additional Deputy Commissioner, Dimapur by the Head Gaonbura of Zutovi Village stating that Viyikhu Sema has been arrested by the Jawans of the 4th respondent led by one Major after searching his house thoroughly on 11.4.1994 at about 7 AM, and since then, he could not be traced despite of vigourous search. Hence the present petition praying inter




























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