CAPTAIN LATHA SHARMA Vs. BRIG P S CHOUDHURY

JUDGEMENT

(1.) These two writ petitions have been filed by Captain Mrs. Latha Sharma Kakar as the authorised representative of Lt Colonel P. Janardhan Naidu, for issuance of a writ of Habeas Corpus directing the respondents to produce and release Lt. Col. P. Janardhan Naidu, hereinafter referred to as "the detenu".

(2.) Captain Mrs. Latha Sharma Kakar (for short, Mrs. Sharma), the first petitioner in W.P.No. 16460 of 1994 and the sole petitioner in W.P.No. 17284 of 1994 has filed series of writ petitions for issuance of writ of Habeas Corpus for the production and release of the detenu, who is the second petitioner in W.P.No. 16460 of 1994. As the relief sought for in both the writ petitions is one and the same, we propose to dispose them of by a common order.

(3.) We would have disposed of mis matter by merely recording the swom statement made in the counter-affidavit filed on behalf of the respondents that the detenu was released on 19th August, 1994 and our order dated 7th October, 1994, directing the Commandant, Command Hospital, Southern Command, Pune, the second respondent herein, to take the detenu on duty as a doctor but for the serious allegations made against the respondents, who are high ranking Military Officers, their counsel Sri L. Ravichander, Sri R. Subhash Reddy, Advocate, who has been appointed as amicus curiae in W.P. No. 14427 of 1994 and two Hon'ble Judges of this Court, viz., Sri Justice Y. Bhaskar Rao and Sri Justice P. Venkata- rama Reddy. Therefore we consider it necessary to refer to the facts which led to the arrest of the detenu on 4th January, 1994 and the number of orders passed at various stages of these proceedings as well as the previous proceedings, where under his arrest is questioned.