JUDGMENT :

DHANANJAYA Y CHANDRACHUD, J.

1. Leave granted.

2. The respondent is a Lieutenant Colonel in the Indian Army. On 20 September 2016, as an officer of the Intelligence Corps, he was posted to 3 Corps Intelligence and Surveillance Unit, [“3 CISU”]. On 30 June 2018 he was posted from 3 CISU as an Officer Commanding 2 Detachment in Imphal to Nanded in Maharashtra. His successor, Lt Colonel RP Nanda addressed two letters on 30 June 2018 and 2 July 2018 to his Commanding Officer implicating breaches of discipline, violations of the Arms Act 1959, and security and administrative lapses by the respondent. According to the petitioners, on being directed to report to Unit Headquarters by his Commanding Officer at 3 CISU, the respondent moved to Dimapur. On 4 July 2018 a Habeas Corpus Petition (Habeas Corpus Petition No 11 of 2018) was instituted before the High Court of Manipur by his spouse. On 5 July 2018, the High Court directed the authorities to ensure the presence of the respondent. In compliance with the order of the High Court, the respondent appeared in Court, when an order was passed, recording that:

“Prima facie as on today, Lt.Col.Dharamvir Singh is not in illegal custody or