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B.S.A.SWAMY, G.YETHIRAJULU
Naik Ajai Kumar Roy – Appellant
Versus
Union of India – Respondent


Advocates:
Counsel for the parties:
For the Petitioner:Capt. K.M. Saxena, Advocate.
For the Respondent: Mr. M. Ratna Reddy. Additional SC for C. Govt.

JUDGMENT

Dr. G. Yethirajulu, J. - This is a writ of Habeas Corpus filed by the alleged detenu by name Ajai Kumar Roy seeking to declare that his detention by the 3rd respondent with effect from 1400 hours of 16-11-2002 without communicating the grounds of arrest as unjust, unlawful and ultra vires and consequently to direct the respondents to cause his production before the court and to set him at liberty.

2. The father of the detenu filed an affidavit in support of the writ petition contending that the detenu while working as a Non-Commissioned Officer of the Indian Army serving under the 3rd respondent was taken Into illegal military custody without there being any legitimate ground for such arrest and without communicating to him or his -wife the grounds of such arrest on 16- 11-2002 at about 1400 hours while he was about to leave for lunch after duty. Neither he nor his wife were informed of the grounds of arrest at the time of arrest or at any time subsequently till the date of filing the writ petition. After hearing the news of arrest of the detenu the deponent who is at Calcutta reached Secunderabad by Air at about 10 a.m. on 17-11-2002 and approached the respondents 2 and 3

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