HC issues notice on MHA, MEA, state govt to file affidavit
Source: Hueiyen News Service
Imphal, November 15 2010:
Fixing the hearing on December 6, a division bench of the Gauhati High Court, Imphal Bench today issued notices to the Union Ministry of Home Affairs, External Affairs and Manipur government to prepare statements on the hearing of the habeas corpus petition filed with regard to production of Rajkumar Meghen @ Sanayaima reportedly arrested at Dhaka in Bangladesh.
RK Ibemnungshi, wife of missing UNLF chairman, RK Meghen filed the habeas corpus petition to the Guwahati High Court, Imphal Bench on October 29.She prayed the court for producing her husband in the event of his arrest and for handing him over to the nearest police station or to a police station in his home town in accordance with the due process of law.
The admission of hearing the petition was conducted today in the court of Justice T Nandakumar and AC Upadhay and after hearing arguments of counsels of both petitioner and respondents,the court issued the notices to the MHA, MEA and Manipur government to file their arguments in the form of affidavits with comments to the petition on or before December 6, the day on which the court also fixed the hearing to the case.
Advocate Ph Dolendro represented the petitioner while government advocate RS Reishang and advocate Amarjit Naorem represented the respondents of the case.
The court observed the contents of the petition as a serious allegation against the Manipur government as well as the Central government and also the National Human Rights Commission and considering that the court needs information regarding the said allegations has directed the counsels of the respondents to take heed of the instructions and to file para-wise comments on the allegations in the form of an affidavit.
The registry of the court was also asked to furnish a message to the chairman, National Human Rights Commission, New Delhi while announcing that the next hearing of the case will be held on December 6 .
Mention may be made that in the habeas corpus petition filed by Ibenungshi, it was mentioned that Meghen was arrested by a combined team of Indian Intelligence Agency (RAW) and their Bangladesh counterpart while travelling in his vehicle bearing registration no.Dhaka Metro G-17-0716 on September 29 at about 12.30 pm.
She came to know of the said incident through various news agencies including the BBC and various legal sources and national newspapers.
She further informed the court that a representation was filed to the chairman of the National Human Rights Commission, New Delhi for giving necessary direction to the government of India and Manipur government for disclosing and furnishing or giving detailed information about the whereabouts, location and position of the petitioner's husband, but no action was taken up by the said authorities.
UNLF chairman RK Meghen's whereabouts remain uncertain even as media reports said that he was arrested in Dhaka, Bangladesh by a combined team of India's RAW and its Bangladesh counterpart on September 29, 2010.The BBC in its latest reports had quoted a senior Indian military intelligence official saying that Meghen was in Delhi.
Aggrieved by the arbitrary manner in which the husband of the petitioner has been detained, she filed the petition praying the court for producing him, in the event of his arrest, and for handing him over to the nearest police station or to a police station in his home town in accordance with the due process of law.
Sanayaima is suspected to have been arrested by a combined team of the Indian intelligence agency RAW and their Bangladeshi counterpart from Lalmatia area of Dhaka under Mohammadpur Police Station on September 29 at about 12.30 pm while he was travelling in his vehicle bearing registration no Dhaka Metro G-17-0716, the petitioner quoted news reports in the petition.
It is also assumed that her husband was handed over to the Indian authorities after his arrest by the Bangladeshi Police and that he has been flown to New Delhi in an Indian aircraft.
However, India authorities have denied their involvement in the said arrest as well as the report that he was handed over to Indian authorities, Ibenungshi reminded in her petition.
She also mentioned that despite making representations to various authorities seeking Meghen's whereabouts, they are yet to intimate any details regarding the whereabouts of the potential arrestee till date.
By not disclosing any information regarding the potential arrestee, the situation now demands the utmost promptitude, and pretending ignorance by the respondents is a clear infringement upon the right to life and personal liberty guaranteed under article 21 of the Constitution of India, the petition lamented.