( 1 ) BY this petition, under Art 226 of the Constitution of India, the petitioner seeks for a writ of habeas corpus directing the respondents Nos. 1 to 4 to produce her husband Mr. B. P. S. Kwatra and to set him at liberty.

( 2 ) BY this order, the Writ Petition No. 21116 of 1994, taken up on the file on account of the telegram of the petitioner to the honourable the Chief Justice for issuance of an order, direction or writ in the nature of writ of mandamus in the matter of illegal arrest and detention of her husband Mr. B. P. S. Kwatra, shall be disposed of because both the writs arise out of the same incident.

( 3 ) DR. Amrith Pal Singh is the son of Mr. Ranbir Singh and Smt. Harjeet Kaur and elder brother of Mr. Mohinder Pal Singh. The petitioner is the aunt, i. e. , sister if Mr. Ranbir Singh and wife of Mr. B. P. S. Kwatra. Dr. Amrit Pal Singh was married to Dr. Brinder Jeet Kaur, daughter of the 5th respondent, on 19-9-1993 in Jaipur. After the marriage, Dr. Brinder Jeet Kaur came to Hyderabad and stayed with her husband and in-laws. She also got employment in NIMS Hospital, Hyderabad. At that time, her husband Dr. Amrit Pal Singh was in service at Kanpur and thereafter at Lucknow, while the petitioner and her husband Mr. B. P. S. Kwatra were staying in Visakhapatnam.

( 4 ) DR. Brinder Jeet Kaur went with her husband to Lucknow some time in the month of February, 1994 and after staying there for about a. month she went to Jaipur on 28-3-1994 and staying there with her father, that is, respondent No. 5 since then.

( 5 ) ON 25-10-1994, the 2nd respondent Mr. Har Pal Singh along with Assistant Sub-Inspector of Police and two constables as also the 5th respondent, who had come in a van from Jaipur to Hyderabad, visited the house of the petitioner at about 6. 30 a. m. , and took her husband Mr. B. P. S. Kwatra to Deccan Continental Hotel, Hyderabad. The petitioner followed them. Thereafter, Mr. B. P. S. Kwatra was taken to the Bowanpalli Police Station, Hyderabad. On the same day at 10. 00 a. m. , the 2nd respondent Mr. Har Pal Singh prepared an arrest memo in which it is shown that Mr. B. P. S. Kwatra had been arrested in Crime No. 81 of 1994 under Sections 498a and 406 of the Indian Penal Code and besides his wearing, Rs. 800. 00 in cash, a small telephone directory and a driving licence were found and except his wearing other articles were seized. At about 12. 45 p. m. , the 2nd respondent Mr. Har Pal Singh with his staff and the 5th respondent left Secunderabad for Jaipur. They also took Mr. B. P. S. Kwatra with them. The 2nd respondent broke the journey after covering a distance of about 55-60kms. , on National High Way No. 7 - Hyderabad Nagpur road at about 2. 15 p. m. , for lunch. He and his party and the arrested person Mr. B. P. Kwatra stayed there till 11. 00 p. m. Thereafter, they proceeded further and reached Hinganghat in Maharashtra State at about 10. 00 a. m. , on 26-10-1994. The 2nd respondent produced Mr. B. P. S. Kwatra before the Judicial Magistrate First Class, Hinganghat for transit remand, which was refused by the Magistrate and at about 3. 00 p. m. , the 2nd respondent Mr. Har Pal Singh proceeded further with his party and Mr. B. P. S. Kwatra and reached Jaipur on 27-10-1994 at 11. 15 p. m. He produced Mr. B. P. S. Kwatra before the Additional Civil Judge and Judicial Magistrate First Class No. 7, Jaipur at his residence and obtained police remand for one day. On 28-10-1994, Mr. B. P. S. Kwatra was produced before the Additional Civil Judge and Judicial First Class Magistrate No. 3, Jaipur with a request for police remand for ten days because this Magistrate had jurisdiction to take cognizance of the offence. The Magistrate refused the remand and later on the application for bail filed by Mr. B. P. S. Kwatra released him on bail in 28-10-1994.

( 6 ) THE petitioner sent a telegram to the Chief Justice of Rajasthan High Court with a copy to the Chief justice of this Court and on the basis of which the ca

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