The court held that compensation can be granted under public law in addition to private law remedies for the contravention of fundamental rights.

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 alia to produce the detenu before this Court.

3. After showing cause, respondent No.4 filed two counters. One counter was filed on 6.6.1994 and-the respondent No.4 in paragraph 6 of the counter denied that person named Shri Viyikhu was arrested by 5/3 Gorkha Rifles nor the said individual is in the custody of 5/3 Gorkha Rifles. Subsequently, another counter was filed on 15.6.94, and it is stated in paragraph 4 of the counter that the detenu Shri Viyikhu Sema accompanied the petrol party to Rangapahar. The respondent however, denied that the detenu has been arrested at gunpoint nor was he directed to accompany petrol party to the post at Rangapahar. It is further averred in paragraph 4 of the counter that, during the casual search of the detenu's house, some incriminating documents were recovered from the house of the detenu, but in view of his old age, he was requested to come to the post the-next day, i.e. on 12.4.1994, however, as requested by the detenu, he was allowed to accompany the petrol party to the post that day itself i.e. 11.4,1994, and further reaching the post, the petrol leader did not ask him any question, instead with due respect offered him lunch and after lunch the old man proceeded for his work to town on the same day i.e. 11.4.1994.

4. After hearing the counsel of both sides, this Court on 11.6.1996 directed a thorough probe by CBI in terms of the following order in paragraph 6 of the judgment:

"After hearing counsel of both sides, and after perusal of the documents on record, one thing is cleared in our minds that Shri Viyikhu Sema, as admitted by the 4th respondent was seen last with the 4th respondent on 11.4.94. Thereafter, the missing of Shri Viyikhu Sema in a mysterious circumstances calls for a thorough probe by an agency like CBI."

5. The CBI was directed to submit its report within 6 (six) months from the date of the receipt of the order.

6. Pursuant to the aforesaid direction, Superintendent of Police CBI: SPE; SCB : Cal submitted its report on 12.1.98 after completing the investigation holding that, no prima facie case is established against the 4th respondent for mysterious disappearance of the detenu Shri Viyikhu Sema.

6A. The findings of the CBI with regard to the arrest and release of Viyikhu Sema has been recorded in paragraphs 6 and 7 of its report. Paragraph 6 of the report is reproduced below :

"6. It was learnt from the Army personnel that on 11.04.94, four Army personnel led by Major Sirohi of 5/3 GR alongwith Gaon Bura and Village Secretary of Zutovi and Pimla visited Viyikhu Sema's house (who was brother of SS Captain Sikuto Sema). Major Sirohi talked to Viyikhu Sema and made a casual search of his house where he found certain documents/photograph etc. Viyikhu Sema allegedly had expressed ignorance about the detai