Smti A. Hazarika, J. - (1.) Alleging illegal detention and torture made upon them in violation of the provisions of law, three petitioners herein have filed this instant application praying for a direction to the appropriate authority to take necessary action against guilty police personnel involved in such illegal detention and to pay an amount of Rs. 1,00,000 (Rupees one lakh) to each of the petitioners as compensation.
(2.) Shorn of details, the petitioners' case is that they are permanent residents of Langpih under Boko Constituency of District Kamrup. Langpih area is situated in the remote corner of Assam-Meghalaya border and is one of the most backward and underdeveloped area to which till date there is no road communication. The only source of the inhabitants of the Langpih area is cultivation. The inhabitants of that area mainly comprise of Nepali and Khasi communities. These two communities have a long standing rift over the open slaughter of cow by the Khasi community which has been strongly protested by the Nepali community. The petitioners as well as other persons of the area time and again received notices to appear in the Nongstoin Police Station situated in the West Khasi Hills. Whenever they receive notice from respondent No. 9, they appear before him without fail and in the event of their appearance, they are severely tortured in the police station and put behind bars in the Shillong Jail without producing them before the Magistrate and even without registering any case nor making any entry in the diary. On 14.5.2004, some police personnel from Nongstoin Police Station came to Langpih and picked up the petitioner Nos. 1 and 2 from daily market and the petitioner No. 3 from his house. None of the petitioners were informed about the ground of arrest as provided under the law. All the petitioners were thereafter taken to Nongstoin Police Station where they were severely beaten up and kept for four days. During detention, neither were they produced before the Magistrate as required under section 57 of the CrPC nor the police registered any case against them. After keeping them in the police station for four days, they were sent to jail at Shillong without any judicial order from any Magistrate. The authority did not allow the visitors/family members of the petitioners to visit them, rather they were also threatened to put behind bars. Without knowing whether any case had been registered against them, petitioner No. 1 served around eight months in jail. When he demanded trial for his offence, if any, from the detaining authority, then and then only on 14.1.2005, he was released from jail, however, without any condition. After coming out of the jail, the petitioner No. 1 sent a legal notice to the Commissioner and Secretary, Department of Home, Govt of Meghalaya, the Deputy Commissioner, West Khasi Hills District, Meghalaya, the Superintendent of Police, Nongstoin, West Khasi Hills, Meghalaya and the Officer-in-charge, Nongstoin Police Station, Nongstoin to take necessary action against the guilty police personnel for such illegal detention and to pay compensation for their illegal detention. But the same has evoked no response till date. However, after receipt of the aforesaid legal notice, the respondents have released the petitioner No. 3, who was kept at Shillong Jail without any trial like petitioner No. 1. The petitioner No. 3 was also severely tortured and when he was in jail he became the victim of Tuberculosis and later on he was released on PR bond.
(3.) Ms. R. Devi, learned counsel appearing for the petitioners has submitted that in violation of the provisions of, law, the petitioners were detained by respondent Nos. 5, 6 and 9. The petitioners were never produced before any Magistrate during their detention and they were detained for about eight/nine months illegally for which they had to suffer physical as well as mental harassment, along with their family members. It has been further submitted that the aforesaid respondents have violated the petitioners fundamental rights as enshrined under Article 14, 19 and 21 of the Constitution of India by depriving them of their free movement. The petitioners have therefore prayed for compensation though the loss incurred by them cannot really be compensated in terms of money.;