- (1.) In pursuance of our direction on 14.11.91, the detenu Shri Rajendra Kumar Baid has been produced in Court before us. In addition to his oral statement he has also submitted a statement in his own hand which is kept on the records (Marked as Annexure 'X'). We do not consider, it necessary to mention his oral statement made before us as a further affidavit is going to be filed on his behalf by Monday (18.11.91).
(2.) It has been mentioned in the counter affidavit of the respondents 2, 3 and 4 that after the Sikkim Police reached Siliguri for the arrest of the detenu, they contacted Shri Kuldip Singh, Addl. Superintendent of Police, Siliguri at his residence-cum-office and asked for his assistance and under the direction of Mr. Kuldip Singh a mobile Van along with few West Bengal Police Officials at Siliguri were deputed to assist the Sikkim Police. In this manner the Sikkim Police was able to arrest the detenu and take him to Sikkim with the assistance of the West Bengal Government. Mr. Kuldip Singh is present in Court and state before us that these allegations are not correct; that he had no information about the arrest of Shri Baid at all and no assistance was given by him or by the Siliguri Police for this purpose. On behalf of the authorities of the State of West Bengal, the learned counsel states that he has been instructed to inform the Court that the West Bengal Government was not informed about it and did not facilitate in any manner the Sikkim Police to effect the arrest of Shri Baid. The learned counsel stated that he could not prepare an affidavit giving all the details with relevant documents due to shortage of time and that the same shall h filed in Court on Monday (18/11/91) with copies to the counsel for the other parties.
(3.) In course of his statement, Shri Baid said that he was repeatedly assaulted on the 6th November, 1991 when he was arrested in Siliguri as a result of which he suffered several injuries. At about 11.00 clock, he reached Gangtok where he was kept in police custody for a number of days and he was not produced before any Magistrate. He complains of some injury on his face and also states that he is an old diabetic and is in bad shape on account of maltreatment and denial of any medical assistance. He says that his blood sugar has risen to a very high level.;