BADAMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SMT. Badami wife of Madhoo Naik resident of Karoi Police station Bagore, District Bhilwara has filed this petition dated January 22, 1985 under Article 226 of the Constitution of India. Notice was issued on January 25, 1985 by this court returnable within two weeks.

(2.) IN the petition, Badami's grievance was that on December 5, 1984, her husband Madhoo was arrested by Bagore Police in the night at about 11 p. m. and when Upsarpanch was sent to the Police Station, it was revealed that Madhoo was lying in the Police station and was crying. He wept and stated that he has been beaten severely. On December 14, 1984, Badami moved an application before the Superintendent of Police, Bhilwara, Collector Bhilwara and also sent petitions to the Hon'ble Governor, Home Minister and Chief Minister by registered post but no reply has been received. She met Superintendent of Police several times but no satisfactorily explanation is being given She enquired from the various Police stations whether Madhoo is being detained anywhere but it appears that the Police is keeping her husband in custody at a place which is unknown. She stated that she belongs to the Scheduled casts and she has got four children and she is in a very poor condition and, therefore, she cannot afford to file a habeas corpus petition regularly in the Court. She prayed that her husband is being kept in unlawful detention by the Police and, therefore, orders may be passed for his release and the petition may be treated as a habeas corpus petition. The petition was accompanied by affidavit of Smt. Badami dated January 18, 1985. Alongwith the petition, she has also filed acknowledgement of registered post letters addressed to the Governor, Home Minister, Superintendent of Police and various other dignatories.

(3.) THE record submitted shows that the statement recorded from Madiya is Ex. R. 10 of four pages and it is dated 18. 1. 85.