P C KAKAR Vs. COMMANDANT MILITARY HOSPITAL TRIMALGIRI

JUDGEMENT

(1.) These two writ petitions are inter-linked : the relief claimed in both is one and the same viz., for production of the alleged detenu - Captain (Mrs.) Latha Sharma - and her two infant children - Vaman and Pavan - aged 3 and 12 years respectively from the custody of Army authorities and to set them liberty, Because of the commonality of facts and law, we think it proper to dispose of both the writ petition by this common judgment.

(2.) W.P. No. 13366 of 1993 was filed by Dr. P. C. Kakar, husband of the alleged detenu - Captain (Mrs) Latha Sharma and W.P. No. 14776 of 1993 by Dr. P. C. Kakar and the detenu, Captain Latha Sharma. In the first writ petition two learned advocates - M/s. S. R. Sanku and N. N. Guru Gopal filed vakalat but during the pendency of the writ petition, they withdrew from the case. The latter writ petition was filed by Dr. P. C. Kakar as party-in-person. It is not necessary to go into the controversy as to the circumstances under which the two learned counsel withdrew from the case.

(3.) When the matter came up for hearing before us, we thought that the assistance of a counsel is very necessary in order to effectively adjudicate the questions involved. We requested Sri K. G. Kannabhiran, senior counsel, to assist the court as amicus curiae and he readily responded to our request and argued the case exhaustively. We gratefully acknowledge the assistance rendered by Sri K. G. Kannabhiran.