SARANYA G.S. Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition, the petitioner has prayed for a writ of habeas corpus alleging that the respondents have illegally detained the petitioner's husband. The petitioner has also challenged the order dated 23rd of February, 2021 in respect of open arrest of the petitioner's husband Hawaldar Sumesh B. with effect from 23/2/2021 till further orders.

(2.) The case of the petitioner is that a Court of Inquiry under Army Rules, 1977 has been ordered in respect of irregularities pertaining to clothing stores of 1TTR and that the petitioner's husband Hawaldar Sumesh B. is one of the witness in the said Court of Inquiry and was moved on temporary duty to 2TTR to appear as a witness but the respondent No.4 without any justifiable reason has placed the petitioner's husband in custody. The allegation of the petitioner is that her husband is in illegal detention as her husband has been kept in open arrest in violation of the provisions of the Army Act, 1950 (for short 'the Act') and the Army Rules, 1954 (for short 'the Rules').

(3.) The respondents have filed their reply and have raised the plea that there was reasonable suspicion against the petitioner's husband and to secure speedy and fair investigation and to remove the possibility of tampering of evidence, the petitioner's husband has been placed in military custody. The further plea has been raised that the custody of the petitioner's husband in accordance with the provisions of the Army Act and the Rules as also the Regulations.