( 1 ) THIS is a petition by Ranjit Kumar Ghosh under Article 227 of the Constitution and Section 491 of the Code of Criminal Procedure. The petition is directed for the release of a person called Sanat Chandra Bose, son of a well-known Solicitor of the City, Akshoy Chandra Bose, deceased. The main ground of the petition is that the said Sanat Chandra Bose was being unlawfully and illegally detained at a place called Lumbini Park said to be a Mental Hospital and Clinic run by the Indian Psycho-analytical Society, a Society registered under the Societies Registration Act. The main contention of the petitioner is that the said Sanat Chandra Bose is not a lunatic at all.

( 2 ) THERE are four respondents to this petition. The first two are respectively the Secretary of the Indian Psycho-analytical Society and the Superintendent of the Lumbini Park (respondent Nos. 1 and 2); the third respondent is Rabindra Nath Mitra alleged to be the guardian of the person of the said Sanat Chandra Bose and the fourth respondent is Subodh Chandra Bose, elder brother of the said Sanat Chandra Bose.

( 3 ) THE petition bears the title of "criminal Miscellaneous Jurisdiction" and not only makes specific reference to Article 227 of the Constitution of India and Section 491 of the Code of Criminal Procedure but also contains the general title. "in the matter of an application for an order and/or directions in the nature of Habeas Corpus. "

( 4 ) THE petition was moved first before us on the 16th of February, 1962 when we issued a Writ of Habeas Corpus commanding the first three respondents to immediately produce the body of the said Sanat Chandra Bose alleged to be detained at the said Lumbini Park and to produce their respective warrants of authority to detain him there. We also directed a copy of that Rule to be served on the fourth respondent Subodh Chandra Bose. We also gave certain directions for the interim custody of the said Sanat Chandra Bose, because of the serious allegations made in paragraph 21 of the petition stating the danger of application of harmful drugs to the said Sanat Chandra Bose. The Rule was made returnable on the 19th of February, 1962. On the 19th of February, 1962 all the parties appeared before the Court and the said Sanat Chandra Bose was also produced before the Court. Directions were issued for filing of affidavits and interim stay of the Lunacy proceedings and testamentary matters was also directed. The Court also gave directions for keeping the said Sanat Chandra Bose in a Nursing Home and beyond the access of either the petitioner or the respondents. The said Sanat Chandra Bose also wanted to make a statement in Court which he was allowed to do without oath. On that day a formal Rule under Section 491 of the Code of Criminal Procedure and under Article 227 of the Constitution was issued and kept on the record and all parties appearing expressly waived services of such rule.

( 5 ) THE Rule which was finally issued on the 19th February, 1962, is as follows:"let a Rule issue calling upon the opposite parties to show cause why a Writ in the nature of Habeas Corpus should not issue directing them to produce Sanat Chandra Bose before this Court and the said Sanat Chandra Bose be set at liberty, or such other or further order or orders made as to this Court may seem fit and proper. ""let also the records of the lunacy proceedings be sent for and a Rule issue calling upon the opposite parties to show cause why the order passed in the said lunacy proceedings declaring Sanat Chandra Bose a lunatic and appointing respondent No. 3 as the guardian of the aforesaid Sanat Chandra Bose as referred to in the petition should not be set aside, or such other or further order or orders made as to this Court may seem fit and proper. "

( 6 ) PENDING the hearing of the Rule all further proceedings relating to the lunacy matter were stayed. Both the Rules were ordered to come up for hearing on the 27th of February, 1962