Heard Mr B.N. Sarma, learned counsel for the petitioner and also heard Mr K. Meruno, learned sr. C.G.S.C. for the Union of lndia.

2. This is an another case of custodial death. Late Mapuwati left Mokokchung from his Yisamyong residence on 3.1.96 for Dimapur and stayed in the house of his brother-in-law Sri C. Tinuat Dimapur. On 6.1.96 the deceased went to the house of one Dr. Moaliba, Dy Director of Veterinary and Animal Husbandry, Nagaland, who belonged to his same village and known to him, at Burma Camp, Dimapur, in search of a Kabiraj. There only this illfated incident happened. Army personnel of 3rd Corps from Rangapahar (Dimapur) swooped on the house of Dr. Moaliba wherefrom the deceased was taken into custody by the Army personnel along with all other male members in the house. Nothing was known thereafter about those persons including late Mapuwati who was under Army custody. Only on 9.1.96 the dead body of Mapuwati was handed over to the Dimapur Police Station at about 5 p.m. by Lt. Satpal Singh with marks of bullets injuries, business and piercing wounds etc. An FIR was also filed by the said Lt Satpal Singh from Army 3 Corps with- the Dimapur East Police St