- (1.) This writ application is filed in the nature of public interest litigation by a legal practitioner of this Court for granting the following reliefs: In the above premises, Your Petitioner Most Humbly Prays that YOUR LORDSHIP would be Graciously pleased to issue: (a) A writ of mandamus and/or writ in the nature thereof commanding the respondent authorities and each one of them: (i) A writ and/or writs do issue in the nature of mandamus directing the respondents hereinabove to justify the detention of twelve Myanmaries for a period with effect from 09.12.2010 to 20.12.2010 who have been apprehended in connection with FIR 1227 of 2010 of Police Station, Central Crime Station, Port Blair. (ii) A writ and/or writs do issue in the nature of mandamus issuing stricture upon respondents authorities particularly the respondent Nos. 2 and 4 for their dereliction in duty in the matter of non production of 12 Myanmaries who have been apprehended on 09.12.2010 before the competent Criminal Court as per the provisions of section 57 of Code of Criminal Procedure, 1973. (iii) A writ and/or writs do issue in the nature of mandamus commanding the respondents to ensure henceforth that accused persons arrested in connection with criminal offence are required to be produced before the competent Criminal Court having jurisdiction over the matter immediately as per provisions as laid down under section 57 of Code of Criminal Procedure, 1973. (iv) A writ of certiorari be issued commanding the respondent authorities and each one of them to present proceeding for giving conscionable justice to the present petition; (v) Cost of the present application. (vi) To pass such other or further order or orders, direction/directions do issue as this Hon'ble Court may deem fit and proper.
(2.) According to the petitioner, 12 Myanmar nationals were apprehended on December 09, 2010 by the Assistant Commandant, Boarding Officer, ICGS Kanaklata Barua. The aforesaid 12 Myanmar nationals were handed over the Station House Officer, Central Crime Station, Port Blair, A & N Islands on December 10, 2010. According to the petitioner, they were illegally detained in the police custody upto December 21, 2010. On December 21, 2010 a First Information Report bearing No. 1227 of 2010 was prepared under sections 3/7/1-/14/15(c) of the Maritime Zone Act, 1981 read with section 14A of the Foreigners (Amendment) Act, 2004 together with the provisions of section 50/51 of the Wildlife (Protection) Act, 1972 and the same was registered with Station House Officer, Central Crime Station, Port Blair. G. R. Case No. 3577 of 2010 was registered against the aforesaid 12 Myanmar nationals on the same date and they were produced before the Court of learned Chief Judicial Magistrate, Port Blair. By virtue of an order dated December 12, 2010 passed by the learned Chief Judicial Magistrate, Port Blair they were sent to judicial custody till January 04, 2011.
(3.) According to the petitioner, the respondent authorities are under obligation to produce, the aforesaid 12 Myanmar nationals before the learned Court of Chief Judicial Magistrate, Port Blair within 24 hours from the date of their arrest. According to the petitioner they were arrested on December 12, 2010. In terms of the provisions of section 46 of the Code of Criminal Procedure, 1973, Therefore, there was violation of the provisions of section 57 of the Code of Criminal Procedure, 1973.;