N.S. VANGMILA Vs. UNION OF INDIA (UOI) AND ORS.

JUDGEMENT

(1.) THOUGH facts and events that had occurred during the pendency of the present writ application has changed its complexion, compelling the writ petitioner to seek additional/alternative reliefs, a recital of the complete facts of the easels considered necessary.

(2.) THE writ petitioner who is the mother of one N. S. John had originally instituted the present writ proceeding praying for a writ of habeas corpus for production of her son N. S. John and for appropriate orders setting him at liberty. According to the writ petitioner her son was, at the relevant point of time, employed as a Rifleman in the Assam Rifles and posted at Charduar in Sonitpur District of the State of Assam. On 8.8.1995, a Column of 31 Assam Rifles personnel posted as Charduar consisting of amongst others, the son of the petitioner, went to Kangpokpi outpost in Senapati District of Manipur on official duty. According to the petitioner, the said Column of Assam Rifles camped at Kangpokpi outpost for 3 days, i.e., from 8.8.1995 to 11.8.1995. Thereafter, as per schedule, the column left Kangpokpi outpost on 11.8.1995 for its Headquarters at Charduar. However, the son of the petitioner did not return with the column which had left Kangpokpi outpost and her son has been missing since then. According to the writ petitioner the competent authority of the Assam Rifles did not take any steps to inform the parents of N. S. John or any other near relative about the disappearance of the said N. S. John. It is the further case of the writ petitioner that on 8.9.1995, a F.I.R. was lodged with Kangpokpi Police Station by the elder brother of N. S. John and Kangpokpi Police Station Case No. 194(9)/95 under Section 365 I.P.C. was registered on the basis of FIR lodged. The Police investigated the case relating to the disappearance of N. S. John and eventually submitted the final report to the competent Court stating that though the disappearance of the concerned person, i.e., N. S. John was true and correct, the missing person could not be traced out and no clue with regard to the said disappearance could also be collected. A certificate from the Officer -in -charge of Kangpokpi Police Station to the above effect has been enclosed as Annexure -A(4) to the writ petition.

(3.) THE State of Manipur has also filed an affidavit in the case contending that in so far as State respondents are concerned, the FIR lodged in respect of the disappearance of N. S. John Was registered an Kangpokpi P.S. Case (9)/95 and the same was duly investigated. The result of the investigation, according to state respondents, revealed that the aforesaid N. S. John was kidnapped by unknown miscreants from Kangpokpi bazaar. In spite of vigorous investigation, the aforesaid missing person could not be traced out nor any clue as to his whereabouts could be obtained. Accordingly, the investigation was closed as per provisions of law.