9911796707
TMI Blog1991 (2) TMI 427X X X X Extracts X X X X X X X X Extracts X X X X ..... 1991 read a news item in the open court from Natun Dainik (a daily newspaper in Assam) under the caption Sandehjukta ULFA Sadashya Atak , Translated into English the news item reads as follows : Suspected ULFA female members detained . On January 22, 1991 it is reported two females were taken in custody to Army camp for interrogation. The occurrence perturbed the local populace. Among the two females one is Asomi Gogoi, a High School student of Class X. The other Minu Saikia is a student of Higher Secondary School in 2nd year. Sri P. Pathak requested the powers of this court under Article 226 of the Constitution be invoked to interdict the Army from taking females to Army Camp for interrogation. 3. On January 24 it was not known wheth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ULFA. 108 arrested. Till this day, 108 suspected ULFA activists have been arrested in Sibsagar district. 4. The learned Standing Counsel for the Union of India, who represents the Army officials of the Army in this court was requested in the Chambers to cause production of the two students. We informed the learned Sr. Government Advocate, Assam to produce the two students if they are in police custody by that date. The two female students were produced on January 25, 1991. Curiously along with the two students two other females Nownnona alias Anowalla and Sangkhim alias Sanchanla, residents of Arunachal Pradesh and members of Scheduled Tribes, were also produced in the court. The four we (were ?) ordered to remain in Kasturba As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision amongst other including the subject protection of women from police and army officials under the statutory provision of the Central Act 28 of 1958. 6. Nownnona alias Anowalla and Sangkhim alias Sanchanla were informed that it is better a separate application is moved on their behalf as the above two are shown in the record were arrested on January 2, 1991 and further army authorities handed over the two to Amguri Police Station in Sibsagar District on 9th January, 1991. Ms. Nandita Haksar, learned counsel informed the court that a separate application on behalf of the arrested two females is being filed. This order therefore is not to be understood to have adjudicated rights of the two females from Aruhachal Pradesh. 7. The f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he should not fall within the two descriptions is to be interrogated or dealt with in investigation what are their rights was the subject of debate and discussion. In simple words the precise issue was whether the proviso applied in the context of provisions of Armed Forces (Special Powers) Act 28 of 1958. 9. Act 28 of 1958 is assailed in this Court in a group of four cases, Civil Rules 2238, 2314, 2415 of 1990 and 11 of 1991, where the implication of arrest and interrogation of the arrested persons in all varied aspects under the Criminal Procedure Code in the background of State Act 19 of 1955, the Assam Disturbed Areas Act and the Act 28 of 1958, are the subject matter of discussion. The vires of the two Acts are assailed before this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the subject matter is covered from all perspectives of issues touching upon the rights of women be it an accused (female), a witness (female) to hold that no woman can be summoned to a police station for interrogation or for the investigation of crime. It is needless to dilate aspects dealt in that case as the case is a locus classicus in many respects. 12. Learned counsel for the petitioners pointed out that the powers of the police establishment under the criminal laws of this country and the rights of women in the country have been unequivocally clarified in para 32 to para 68 and para 72 to para 74. It is not necessary to extract them. The ratio of the decision that no woman when arraigned in criminal law even if she is an offende ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sam. The instructions dealt with the treatment to be meted to women demonstrators by police. Having regard to the stand taken by the learned Advocate General on behalf of the State of Assam and on behalf of the Government of India, we are relieved of sifting many cobwebs from the perspective of women under Act 28 of 1958 as what has been elucidated represents the correct position in law. 14. We therefore formulate to hold whenever Army officials have to deal with women under Act 28 of 1958 as offenders before arrest or as witnesses or otherwise when women are to be interrogated, no woman is expected to be taken to the Army Camp for interrogation. In simple words a woman is not to be requisitioned by the Army Officials for attendance at ..... X X X X Extracts X X X X X X X X Extracts X X X X
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