After being locked up for almost nine months in what he described as a ‘dungeon’, Rifleman Haider Ali has finally seen a glimmer of hope.
The Gauhati High Court has ordered the paramilitary Assam Rifles (AR) to immediately release Ali, who has been in detention under the Army Act since January 16 last.
The soldier was detained after he led a signature campaign within the paramilitary force seeking better pay and facilities for himself and his colleagues.
His wife Bibi Shahar Bano had moved the High Court on September 6 with a writ petition challenging the legitimacy of her husband’s detention as the Assam Rifles failed to properly start the Court Martial proceedings against him even in the last eight months.
“The High Court ruled that continued detention of Ali by the AR without convening an authorised general court martial even after the special plea to the general jurisdiction raised by him was accepted comes in direct conflict with the provisions of the Army Act,” said Raghvendra Jha, the lawyer of the allegedly ‘mutinous’ soldier and his wife.
The AR had convened a General Court Martial on August 11 last. But the proceeding was stalled, after the presiding officer accepted Jha’s special plea that the Commandant of the paramilitary force had not heard the charges against Ali before the Court Martial had been convened.
“The AR should have either convened another Court Martial or release my client forthwith,” said Jha.
Observing that the case was made out for release of the petitioner’s husband in terms of Rule 51 (3) of the Army Act, the High Court directed the AR authorities to release him forthwith.
The AR – the country’s oldest central paramilitary force – is administered by the Ministry of Home Affairs, but operates under the Army. It guards the India-Myanmar border and combats militancy in the North-East.
It was shaken by a mutiny last year, when 1900 soldiers – led by Ali – signed a petition to the President demanding better pay and parity with the army personnel.
Ali was detained for ‘improperly’ carrying out the campaign, which, however, brought to the fore the growing discontent within the AR. He has since been held captive in the AR camps in Manipur.
“He wrote to the AR Commandant on August 10 last that he was being held captive in a 7 ft x 6 ft room with no bed or light. The room turns into a dungeon after 6-00 p.m.,” said Jha. The 40-year-old soldier is now suffering from backache, gastritis and constipation.