JUDGMENT :

(A.M. Bujor Barua, J.)

1. Heard Mr. HK Mahanta, learned counsel for the petitioner in CR(HC) No. 16/1994 and Mr. KN Choudhury, learned senior counsel assisted by Ms. P Barman, learned counsel for the petitioner in CR(HC) No. 17/1994. Also heard Mr. RKD Choudhury, learned Dy.S.G.I. for the respondents in the Union of India including the Army authorities in CR(HC) No. 16/1994 and Ms. A Gayan, learned counsel for the respondents in the Union of India including the Army authorities in CR(HC) No. 17/1994 and Ms. U Das, learned counsel for the respondents in the State of Assam.

2. Col. Mahesh Sarma, Deputy Judge Advocate General for the army authorities is also present in the hearing.

3. Although the CBI is not a respondent in the proceedings but during the course of the proceedings there was a requirement for the CBI to make an enquiry and submit a report and accordingly, a report is made available on record by means of an affidavit dated 10.03.1998 and Mr. M Haloi, learned counsel appears for the authorities in the CBI.

4. CR (HC) No. 17/1994 had been instituted by Sri Jagadish Bhuyan the then Vice President of the All Assam Students Union raising an allegation that 9 (nine)