GUWAHATI, Dec 19? The Gauhati High Court today admitted a Habeas Corpus petition, filed on behalf of Mithinga Daimary, alias Dipak Das, the publicity secretary of the banned ULFA and has directed that if he is in the custody of the Indian Army, as has been alleged, he should be produced before a magistrate at the earliest. The Division Bench of Justice D Biswas and Justice AH Saikia has also directed that if medical aid is needed for the detenue, the same should also be provided to him.
The Habeas Corpus petition was filed by Nitul Kachari, Daimary?s brother, who stated that the Royal Bhutan Army had captured the ULFA publicity secretary on December 16 and thereafter he was handed over to the Indian Army. Since then, the detenue has been kept in the Rangiya Army camp and has not been produced before any magistrate or any police authority as required by law, it was alleged.
BD Konwar, appearing on behalf of the petitioner, stated that Mithinga Daimary?s family members are anxious about the well being of the militant leader and sought permission for them to visit him while in custody. Appearing for the Army, C Choudhury stated that no information is available about the militant?s custody by the Army.
Considering the rival submissions, the High Court ordered the posting of the Habeas Corpus petition for further orders on January 2 next and directed that if the detenue is in custody of the Army he should be produced before the nearest police station forthwith. The Court also directed for providing medical care to the militant and visiting facilities for one member of his family on such application as may be filed before the detaining authorities.