JUDGEMENT Shishak, J. :- This petition under Article 226 of the Constitution has been filed for issuance of a writ of Habeas Corpus in respect of one T. Mahaimi alias Apam, husband of the writ petitioner. 2. Facts/allegations may be narrated briefly : Said T. Mahaimi alias Apam was picked up by the Special Forces/A. R., Mahar Regiment, 3 Corps combined on 6th June, 1996 at about 11.30 a.m. from the house of Mrs. Dorothy of North A.O.C. while sitting with her and some friends without assigning any reason. Thereafter he was taken into custody by the Armed Forces and he was detained at Army Headquarters at Leimakhong. The petitioner reported the matter to the Deputy Commissioner and other authorities. Representation was also submitted to I.G.P. (Law and Order) for tracing out the said T. Mahaimi. However, there was no positive response from the concerned authorities. After the arrest the said Mahaimi was not produced before Police or Magistrate at any time. 3. The petitioner further avers that for quite sometime the petitioner and the other members of the family did not have any knowledge as to where said Mahaimi was kept. However, in the first week of July, 1996 the petitioner came to know that her husband was still alive. This information was received from some friends and relatives who were also arrested but subsequently released after 30 days in Army custody. The petitioner avers that 12 persons who were picked up by the same army personnel has been handed over to Police subsequently. The fact that said Mahaimi was kept at Leimakhong Army HQ was revealed by one R.W. Leishingam. The said Leishingam told the petitioner that Mahaimi had been tortured physically in a very cruel manner, inasmuch as electric shocks were applied at the foot, thumbs, legs, nipples and private part and also he was hung upside down after twisting the legs and in this process Mahaimi was struggling for his survival in the Army custody. It has also been averred that on one occasion Mahaimi was taken to a nearby stream for washing along with another detenu, one A. S. Raiwon. Said A. S. Raiwon was, however, released subsequently. 4. It has also been averred that on one occasion Mahaimi was taken to a nearby stream for washing along with another detenu, one A. S. Raiwon. Said A. S. Raiwon was, however, released subsequently. 4. Ever-since he was picked up by the Army personnel on 6th June, 1996 as stated above, the said T. Mahaimi alias Apam has never been seen again by the petitioner or by any of the members of the family. Therefore, at the time of hearing it has been submitted that either the detenu is still in Army custody somewhere or he should now be presumed to be dead at the hands of the Armed Forces, at Leimakhong. 5. Having failed to obtain any relief from the respondents in spite of representation made by the petitioner, at long last the petitioner approached this Court by filing the present writ petition. On 15-7-96 Rule was issued and the following interim order was passed :- "In the interim, we direct the respondent No. 2 to make over the detenu to the Officer-in-charge of the nearest Police Station immediately on receipt of this order. We would request Mr. N. Ibotombi, learned CGSC to communicate this order immediately to the 2nd respondent to do the needful. A copy of this order may be furnished to Mr. N. Ibotombi learned C.G.S.C. immediately". On 16-9-96 Mr. N. Ibotombi, learned C.G.S.C. prayed for time to file additional affidavit. Prayer was allowed and the matter was ordered to be listed on 18-9-96 for final hearing. On 19-9-96 this Court had recorded among other things as follows :- "But the respondents have come out with the denial of this allegations. The petitioner has filed rejoinder with affidavit sworn by (1) A. S. Raiwon, and (2) Felix Hungro who have categorically stated that they were kept/detained in the Army custody (HQ Leimakhong) along with petitioner's husband. The respondents have came out with a denial of this allegations which calls for an enquiry. The District Judge, Manipur East, Imphal is directed to hold an enquiry into the matter and submit the report by 18th November, 96 to the Registrar of this Hon'ble High Court in a sealed envelope. Petitioner is agreed to produce her witnesses. It is expected that the respondents as well as the petitioner will co-operate in expeditious completion of the enquiry as directed. Petitioner is agreed to produce her witnesses. It is expected that the respondents as well as the petitioner will co-operate in expeditious completion of the enquiry as directed. The parties are at liberty to file any affidavit or documents supplying copies to the opposite party." 6. The learned District and Sessions Judge, Manipur East filed his report dated 2-5-1997 after enquiry was completed. On the basis of the pleadings filed on behalf of the parties and after hearing the parties the learned District and Sessions Judge framed 2 issues viz. (1) whether Shri T. Mahaimi alias Apam was arrested or picked up by the Special Forces/A.R. Mahar Regiment, 3 Corps on 6-6-96 at about 11.30 a.m. from the house of Mrs. Dorothy Tuiwungla of North AOC, Imphal? and (2) Whether the said T. Mahaimi alias Apam has not yet been released since the date of the said arrest? 6 witnesses were examined on behalf of the petitioner. After dealing with all the statements/testimonies of the witnesses produced before him, the learned District and Sessions Judge gave his findings in paragraphs 13 and 14 as follows :- "13. In the light of the above discussion, I find that the testimony of R.W.1 and R.W.2 are too general to disbelieve the testimony of R.Ws. There is no reasonable ground for thinking that the witnesses of the petitioner must have been giving false evidence as against the respondents. In the result, the issue No. (1) is decided in favour of the petitioner. 14. Issue No. (II): In the lights of the decision as regards issue No. (I) in favour of the petitioner and having regards to the fact that there is no evidence to show either that the said T. Mahaimi has been released by the Army or that he has made good his escape, there is presumption that the said T. Mahaimi continues to be in the custody of the Army without any authority of law. The issue No. (II) is also decided in favour of the petitioner." As stated above, this finding of the learned Sessions Judge was given on 2-5-1997. 7. Among the witnesses examined on behalf of the petitioner P.W. No. 3 Felix Hungyo and P.W. No. 4 A. S. Raiwon are eye- witnesses, inasmuch as they both were kept in Army custody at the relevant time at Leimakhong. 7. Among the witnesses examined on behalf of the petitioner P.W. No. 3 Felix Hungyo and P.W. No. 4 A. S. Raiwon are eye- witnesses, inasmuch as they both were kept in Army custody at the relevant time at Leimakhong. The learned Sessions Judge has discussed every detail of the statements recorded by him particularly as regards the statements of Felix Hungyo and A.S. Raiwon. P.W. 3 Felix Hungyo knew detenu T. Mahaimi alias Apam from before. This witness stated that he was taken by the Army in custody and he was blind folded. He was taken from one room to another. In one room he found T. Mahaimi "sitting on the floor with his two hands still tied with a rope behind him. He was found badly injured and was not in a position to stand up. The said T. Mahaimi alias Apam was not blind folded at the relevant time". The witness further stated : "The said Army Officer gave me a stick and asked me to beat T. Mahaimi by saying that he made to arrest me and as a result I was suffering. But I did not comply with his direction. Thereafter I was blind folded again by one of the military personnel and taken outside along with T. Mahaimi. Both of us were made to get into different vehicles and we reached Leimakhong Army Camp Head Quarter at about 7 or 7.30 a.m. on 8-6-96. I and said Mahaimi were kept in a big hall at Leimakhong and three other persons, namely, Whiteson, Raiwon and Abrilson were also brought to the same room where I and the said Mahaimi were kept. I was blind folded while in the said room but I could see Mahaimi through some opening of covering on the eyes while I was lying on the bed. The cloth covering my eyes was also polythene. I also heard beating of the said Mahaimi in that room." The witness further stated "On 9-6-96 at about 10 a.m. we five persons, namely, I myself, T. Mahaimi, Whiteson, Abrilson and Raiwon were taken to a nearby stream and we were made to take bath. We took bath in the said stream after removing the blind fold as well as the binding on our hands. We took bath in the said stream after removing the blind fold as well as the binding on our hands. At the time of taking bath it seems that the said T. Mahaimi was not feeling well and he was very weak. The said weakness felt by T. Mahaimi might have been caused as a result of beating by the Army personnel during the previous night. As the said T. Mahaimi was very weak, I was made to wash the clothes worn by the said T. Mahaimi. The said T. Mahaimi was found wearing Army uniform provided by the Army personnel. After taking bath, we five persons named above were taken to the same hall where we were kept for three more days. On the 3rd day I was taken to a nearby room and then I was interrogated there. When I was taken back to the same hall I did not find T. Mahaimi. I did not know as to where the said T. Mahaimi had been taken away and he was no longer seen while I was detained at the said Army Head Quarter at Leimakhong for a period of nearly two months." This witness further stated that he was handed over to O.C. Imphal P. S. on 14-7-96. According to him he was arrested by the Army on the allegation that he was a member of the NSCN. He also further stated that he is not related to T. Mahaimi. In para 6 of his statement this witness further stated :- "While I was at Leimakhong Army Head Quarter I met one Maikel alias Leishi who was a surrendered former N.S.C.N. member and he was serving as an informer of the Army at Leimakhong. At my request he gave me two tablets of pain killer. He further informed me that the said T. Mahaimi had been killed and that I should surrender if I did not like to be killed like T. Mahaimi." The witness was closely cross-examined in every detail. However, no portion of his statement in examination-in-chief was demolished in course of cross-examination. It may, however, be stated that some discrepancies as regards some dates at the instance of the Court, clarification was made that some typical mistakes were committed in the affidavit. 8. P.W. No. 4 A.S. Raiwon also stated that he knew T. Mahaimi alias Apam of Chamu Village. It may, however, be stated that some discrepancies as regards some dates at the instance of the Court, clarification was made that some typical mistakes were committed in the affidavit. 8. P.W. No. 4 A.S. Raiwon also stated that he knew T. Mahaimi alias Apam of Chamu Village. He was arrested by the personnel of 3 Corps on 7-6-96 at Imphal. According to him he came from the village that day. He stated "While I was sleeping on that night I was awaken by the sound of knocking at the door at about midnight. I heard someone outside saying in Hindi "Darwas Khollo". Then I opened the door. As soon as I opened the door 4 persons in Military uniform entered into the room and without saying anything to me they tied my hands behind me and also they blind-folded me with a cloth from inside my room". This witness also stated: "Thereafter without saying anything I was put inside the vehicle and the said vehicle started to move." The witness also stated that after some time he was taken down from the vehicle and then to a room and just after taking him inside the room "the blind folding was removed for a few minutes and I could see two military personnel and three other persons in civil dress. I was blind folded again and I was also interrogated in the room for a period of about one hour. After the interrogation I was taken to an unknown place and after about two days I found myself at the Army Head Quarter, Leimakhong. On the 9th June 1996 I was taken to a stream for taking bath. At that place the blind folding on me was removed and I came to know that the place where I had been detained was Leimakhong. When I reached the stream and when the blind folding was removed I could see 4 Tangkhul youths, namely, Felix, Aprilson, Whateson and Mahaimi also taking bath in the same stream. We were not allowed to talk with each other. But I found T. Mahaimi very weak. At the time of taking bath I was made to wash my own clothes and the other three, namely, Felix, Aprilson and Whiteson were also made to wash their respective clothes worn by them. We were not allowed to talk with each other. But I found T. Mahaimi very weak. At the time of taking bath I was made to wash my own clothes and the other three, namely, Felix, Aprilson and Whiteson were also made to wash their respective clothes worn by them. But at the relevant time, T. Mahaimi was found very weak and he was not in a position to wash his clothes so one of the military personnel asked Felix to wash the clothes worn by T. Mahaimi. After taking bath all of us were made to wear military dress/military uniform as all our clothes were wet. I was blind folded again and my hands were also tied behind me and then I was taken back to the place where I was kept at Leimakhong". After 10 days the witness was handed over to O.C. Lamphel P.S. Thereafter he was remanded to judicial custody. He was then released on bail on medical ground. In the cross-examination this witness fully corroborated the statement of P.W. 3 in all material particulars. Other witnesses also testified before the learned Sessions Judge as to their knowledge of the arrest of T. Mahaimi by Army personnel. 9. Mr. C. Komol, learned counsel appear on behalf of the Union of India. He has taken us through the relevant portion of the affidavit filed by one Major A. K. Sinha of 3 Crops Army, C/O 57 Mtn. Division. The entire affidavit is of denial of the allegations levelled against the Army. It is stated in the said affidavit that on 6-6-96 Army did not carry out any operation at North AOC area and as such question of apprehending of Shri T. Mahaimi would not arise. 10. Mr. Y. Z. Shimray, learned counsel for the petitioner submits that the arrest, detention and subsequent disappearance of Shri T. Mahaimi at the hands of the Army personnel has been fully established in the present case. It is submitted that in the light of the materials/statements on record the allegation of the petitioner stands proved. It is also submitted that though petition for issuing writ of Habeas Corpus has been filed, it can now be safely presumed that Shri T. Mahaimi is no longer alive as he has not been seen by the petitioner and by any of the members of the family since arrest on 6-6-1996. It is also submitted that though petition for issuing writ of Habeas Corpus has been filed, it can now be safely presumed that Shri T. Mahaimi is no longer alive as he has not been seen by the petitioner and by any of the members of the family since arrest on 6-6-1996. Therefore, it is submitted that it will now be futile to issue a writ of Habeas Corpus. As such it is submitted that necessary final orders be passed allowing relief by way of monetary compensation to the petitioner and other bereaved members of the family. 11. Mr. C. Komol, learned counsel appearing for the Union of India submits that the story of arrest and detention of Shri T. Mahaimi as narrated in the writ petition is not reliable and according to him the allegation levelled against the Armed Forces has not been established. It is also his submission that since it has been alleged that the occurrence took place in a Hotel run by one Mrs. Dorothy, the evidence of said Dorothy should have been recorded in order to establish the actual occurrence in the present case. 12. (1993) 2 SCC 746 : (1993 Cri LJ 2899) relates to custodial death in the State of Orissa. The Court awarded the sum of Rs. 1,50,000/- as compensation and also cost of Rs. 10,000/-. (1997) 1 SCC 416 : (1997 Cri LJ 743) also relates to death in Police Custody/Lock Up. It was held in that case that torture involves not only physical suffering but also mental agony and it is a naked violation of human dignity and destructive of human personality. It was held that for established breach of fundamental right, compensation can be granted under public law by the Supreme Court and by the High Court in addition to private law remedy for tortious action and punishment to wrong-doer under Criminal Law. In 1997(1) GLT 91 which also relates to custodial death, a compensation of Rs. 2,00,000/- (Rupees two lakhs) each was awarded to the next of kin of 2 persons who died in custody. It was held in the said case that once the factum of arrest is established, the onus lies on the authority making arrest to explain as to what happened to the persons arrested. 13. We have carefully gone through the entire evidence recorded by the learned Sessions Judge. It was held in the said case that once the factum of arrest is established, the onus lies on the authority making arrest to explain as to what happened to the persons arrested. 13. We have carefully gone through the entire evidence recorded by the learned Sessions Judge. We have also heard counsel of the parties at length. In the light of the materials on record we have no hesitation to come to the conclusion that Shri T. Mahaimi was indeed apprehended by Army personnel and that he was taken and kept in custody at Leimakhong. We have also no reason to doubt the veracity of the statements of witnesses recorded by the learned Sessions Judge. We have examined particularly the statements of PWs 3 and 4 minutely. As we have observed above, statements of these two witnesses have in no way been demolished in course of cross-examination. We may also further state here that in fact the statement of PW-3 is fully corroborated by the statements of PW-4. We are aware of the fact that the witnesses belong to a very far flung area of the State of Manipur. Statements of PWs. 3 and 4 are very straight- forward and clear. There is no ambiguity in the statements made by these witnesses. We have no reason to disbelieve the statements given on oath by such simple tribal people of that area. 14. We are also conscious of the fact that we are dealing with the life of a citizen of a democratic country like India. Nothing is dearer than life itself. It is the bounden duty of the State to protect life and personal liberty as is mandated under the Constitution of this country. It must be remembered by every right thinking person in society that human life is not to be taken lightly, inasmuch as once it is gone, it is gone for ever. In the present case, in the light of the facts and circumstances that we have discussed above, we are of the view that said T. Mahaimi must have died while in custody at Leimakhong or else by now either he could have been handed over to the nearest Police Station as directed by this Court or he would have returned home. In our view, the respondents cannot simply get away by saying that the allegations are not true. 15. In our view, the respondents cannot simply get away by saying that the allegations are not true. 15. The cost of any commodity can be calculated and such cost can be paid for accurately in terms of money. It is not so with human life. The cost of a human life is incalculable. Nevertheless when life is snatched away in a manner done in the present case, there is no other mode of relief available except by way of monetary compensation to bring some solace and comfort to the members of the bereaved family. 16. In the result, this petition is disposed of as follows :- (1) In spite of the fact that we have lost every hope that said T. Mahaimi is alive, if indeed said detenu T. Mahaimi alias Apam is alive, then he should be produced before this Court within 2(two) weeks from the date of receipt of this order. (2) On failure to carry out our aforesaid direction, the respondents 1, 2 and 3 shall pay a sum of Rs. 2,50,000/- (Rupees two lakhs fifty thousand) to the petitioner as compensation within a period of 2(two) months from the date of receipt of this order. With the above observation and direction this writ petition is disposed of. 17. H. K. SEMA, J. :- I agree. Order accordingly.