1984 (4) TMI 320

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....anding them to produce C. Daniel, retired Naik Subedar of Manipur Rifles and Headmaster of the Junior High School of Ruining Village and C. Paul, Assistant Pastor of Huining Baptist Church, who were taken to Hungrier Camp by the jawans of 21st Sikh Regiment on March 10, 1982 before this Court on Dec. 12, 1983 and file the return. 2. The Registry issued the writ and served the same upon first respondent-Union of India, second respondent-Secretary, Ministry of Home Affairs and 4th respondent-Commandant, 21st Sikh Regiment, Phungrei Camp. Pursuant to the writ, it was obligatory upon respondents 1, 2 and 4 to file the return and to produce C. Daniel and C.Paul. A return on affidavit by one Ajai Vikram Singh, Director, Ministry of Defence dated....

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....;the field enquiries made by the CBI and the efforts made to locate the two persons have yielded no results and it has not been possible to locate Sri Daniel and Sri Paul', The report was submitted by the Dy. Inspector General of Police (S). 3. It is now necessary to deal with the failure of respondents 1, 2 and 4 to file the return to the writ of habeas corpus. After a preliminary enquiry and after hearing the respondents and after negativing their contentions that Shri C. Daniel and Shri C. Paul were not seen last alive in the custody of the 4th respondent, the Court directed to issue a writ of habeas corpus. The writ of habeas corpus was issued and was served on respondents 1, 2 and 4. In compliance with the mandatory direction cont....

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....false return to a writ of habeas corpus, but an unintentional misrepresentation on a return is not a ground for committal.' ibid para 1497 6. The view of this Court as expressed in the main judgment clearly indicates that the assertion of respondents 1, 2 and 4 that C. Daniel and C. Paul left Phungrei Camp where 21st Sikh Regiment were stationed is not correct and that to avoid responsibility flowing from the mysterious disappearance of C. Daniel and C. Paul an attempt was made to suggest that they had left alive in the company of their compatriots. The Court has rejected this submission as untenable and uncorrect. On that conclusion one can say that there is a wilful disobedience to the writ of habeas corpus by misleading the court by....