HAIDER ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application filed by Smti. Sahar Bano, wife of Md. Haider Ali, No. 194120k, Rfn. /gd for release of her husband now allegedly in illegal custody of the respondents during the pendency of the WP (Cri.) No. 180 (SH) 2007.

(2.) IT is the case of the petitioner that her husband who is serving in Assam Rifles since 1987 was permitted to grow a beard on religious grounds in 1996. However, when he started growing a beard, the respondents issued a show cause notice for growing a beard on 29. 3. 97 and in the proceedings that were initiated against him, he was dismissed from service on 5. 4. 97 by a Summary Court Martial on the ground of growing a beard. The order of dismissal was assailed by the petitioner before the Delhi High Court which quashed the impugned dismissal order and also directed the reinstatement of the petitioner with back-wages. A challenge to the order made by the respondents before the Hon'ble Supreme Court in SLP 12386 of 2003 was also dismissed and consequently the petitioner was reinstated in service on 26. 2. 2004 and was posted in 19 Assam Rifles.

(3.) IT is the further case of the petitioner that on 16. 1. 2007 her husband was mercilessly beaten by the respondents' officer following which he was admitted in hospital from where he was forcibly taken away to an unknown location on 21. 1. 2007. The petitioner being apprehensive of the safety and life of her husband filed a habeas corpus petition which was registered as WP (C) No. 135 (SH) 2007 before this Court on 19. 6. 2007 seeking immediate release of her husband. During the Motion stage, the learned counsel for the respondents made a statement at the Bar that the petitioner's husband was alive and was in their custody in 1st Assam Rifles. Keeping in view such statement made by the respondents, the writ petition was withdrawn with a liberty to file a fresh one. The fresh writ petition so filed by the petitioner is now pending adjudication before this Court.