RAMA KANT THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has filed this application for a writ of habeas corpus directing the respondent no.5 to release his son Krishna Kumar Thakur (force no.035191656 CT/GD).

(2.) THE case of the petitioner is that Krishna Kumar Thakur while was posted at Bundu as one of the members of 133 Battalion, CRPF submitted an application for leave before the Assistant Commandant but the application for leave was rejected . When Krishna Kumar Thakur made an enquiry in this respect he, at the instance of Assistant Commandant, was beaten badly and then he was brought from Bundu to Ranchi, where he was again beaten brutally at the instance of Commandant and Deputy Commandant, as a result of which his condition became critical. When the petitioner came to know about the critical condition of his son, he came to Ranchi but he was not allowed by the Commandant to see his son, who had been kept handcuffed at the investigating cell. Subsequently, Krishna Kumar Thakur was suspended on a false charge of indiscipline and also on the charge of committing theft and the personnel of the CISF are bent upon to prove that the petitioners son has lost his mental balance and, therefore, they instead of getting him treated for the injuries, sustained due to subjection to assault, got him examined at Central Institute of Psychiatry, Kanke, Ranchi and under this situation, this writ application was filed to direct the respondent to release Krishna Kumar Thakur from the captivity.