R GOPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) (Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a direction orders or a Writ more appropriately one in the nature of a writ of Habeas Corpus and Direct the Respondents herein to produce the detenu No.14648305-L R Gopal S/o R. Reddiar aged 20 years before this Honble Court and set him at liberty. And Pass such other direction, order or orders that may be deemed to be just and proper in the circumstances of the case and also in the interest of justice by this Honble Court.) B. Seshasayana Reddy, J.

(2.) The writ petition averments in brief are: S.No.14648305-L RECTT R. Gopal has been enrolled in the Indian Army in the Corpos of EM as a Cook on 10-1-2002 and had undergone his initial training at 1 Training Battalion of 1 EME Centre, Secunderabad (AP) since the date of his joining service till 23.8.2002 on which day he had been transferred to ASC Centre (North) Gaya (Bihar) for training. After 23.8.2002 there had been no communication from the detenu and this made the members of the family of the detenu to enquire his whereabouts from the office of R-2 and R-3. But their enquiries did not give any fruitful result. The deponent went to the office of R-3 and made enquiries with R-5 in the month of November, 2002 but he did not receive any satisfactory reply from him. Later he approached the office of R-2 and met R-4 and made enquires with him regarding the whereabouts of the detenu, R-4 also did not give any positive reply. On the other hand the officer subordinate to R-4 have insisted him to receive the belonging at the detenu without revealing the whereabouts of the detenu. The respondents failed to give the deponent information regarding the whereabouts of the detenu and it made the deponent to believe that the respondents kept the detenu in their illegal custody and confinement. Hence, this writ petition.

(3.) Initially this writ petition was filed against R-1 to R-5. This Court by order dated 22.7.2003 directed the petitioner to implead the Superintendent of Police, Howrah City, West Bengal State and the Superintendent of Police, Goya City, Bihar State as party respondents to this writ petition and accordingly they came to be arrayed as R6 and R7.