CAPT KM SAXENA Vs. UNION OF INDIA

JUDGEMENT

(1.) The party-in-person Capt. K.M. Saxena, who is aged about 54 years, also an Advocate, presented this writ petition against the respondents invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking a Writ of Habeas Corpus to set aside the impugned order of arrest dated 26-10-1999 passed on the detenu- Lt. Col. S.S. Shekhar and for producing the detenu before this Court and to set him at liberty forthwith.

(2.) Petitioner has stated in para 2 of the affidavit filed in support of the writ petition that since there is no person at present in the family of the detenu Lt. Col. S.S. Shekhar to take up the cause of his unlawful arrest effected by the respondents, he has chosen to file the writ petition seeking the above relief as he is acquainted with the detenu and knows the facts of the case.

(3.) It is alleged by the party-in-person in the writ petition that in the General Court Martial convened by the fourth respondent for the trial of one Subedar? Army Act, he has been the defending Counsel on behalf of the Sub. B.R. Mouli. According to him, the General Court Martial was assembled on 20-3-1999 and continued till 27-10-1999. In the said General Court Martial, Lt. Col. S.S. Shekhar - detenu, had been performing the duties of Senior Member. According to the petitioner, said Lt. Col. S.S. Shekhar made certain observations during the proceedings in the open Court expressing his unhappiness as to the manner in which the proceedings are recorded. This was not to the liking of the respondents, who according to the petitioner, brought pressure on Lt. Col. S.S. Shekhar to desist from interfering with the recording of the proceedings. Being a senior member, Lt. Col. S.S. Shekhar refused to be a party to the proceedings unless the proceedings are recorded according to rules.