VIDYA VERMA Vs. SHIV NARAIN VERMA

JUDGEMENT

(1.) This is a petition under Article 32 of the Constitution for a writ of 'habeas corpus'. The petition was presented by Mr. R. V. S. Mani, an advocate of the Nagpur High Court, on behalf of Shrimati Vidya Verma was directed against her father Dr. Shiv Narayan Verma of Nagpur.

(2.) Mr. Mani had no power of attorney from the lady and when the office pointed out that he could not present a petition without producing the necessary authority he amended the petition and described himself as the next friend of the lady.

(3.) When the matter first came up for hearing we directed a notice to issue to the father but later the same day it was brought to our notice that the opposite party was not either the Union of India or a State, nor was it some official acting under the orders of one or the other, but a private person. The question, therefore, arose of our power under Article 32 to issue a writ of this kind against the private party. Accordingly, before the notice was sent out we recalled it and set the matter down for further hearing.