- (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. When the matter was heard on 13.2.2009, counsel appearing for the Central Government was asked to instruct respondent no.5 to produce Krishna Kumar Thakur in the Court and to file counter affidavit. Accordingly, Krishna Kumar Thakur was produced and we also gave audience to him. However, it is the case of the respondents that it is absolutely false to say that leave was not granted to the petitioner, rather it was sanctioned by the Commandant but the son of the petitioner committed an act of gross indiscipline whereby he threw five wooden planks outside the boundary of the camp and had also extended threat to other coy personnel of being killed by his weapon and for the said abnormal behaviour, he was kept in the M.I room under the supervision of S.M.O and is being provided with proper treatment and thus, the petitioners son has never been kept in captivity. In course of submission, learned counsel appearing for the Central Government submits that as the petitioners son had levelled false allegation of physical and mental harassment and even approached the media, Commandant, in the fairness of the thing, thought it proper to transfer him to another Battalion and, accordingly, Krishna Kumar Thakur under office order no.P VIII -133 /2009 -133 EC 3/No.T.IX 14/2009 -EC -2 has been transferred to 95 Battalion of CRPF to its Headquarters at Varanasi. Having heard learned counsel appearing for the parties and taking into consideration the submission, we do not find it to be a case of illegal detention, rather petitioners son was kept in M.I room under the supervision of SMO when, according to respondent, petitioners son acted abnormally and as such, putting the petitioners son in M.I. room cannot be said to have been kept in captivity and, therefore, the prayer made by the petitioner for issuance of a writ for release of the petitioners son from the captivity appears to be quite unwarranted. Accordingly, this writ application stands dismissed.;