( 1 ) THIS is an application under Article 226 of the Constitution for a Writ in the nature of Habeas Corpus, directing the production of one Panna Bai, now in the custody of the Lady Superintendent of the Government Rescue Home.

( 2 ) THE petitioner claims to be known to the said Panna Bai. His case is that as by reason of her incarceration, the girl is unable to move this Court, he is entitled to ask for appropriate orders for her release.

( 3 ) THE first point which falls to be determined is whether or not the petitioner is competent to make this application. There can toe no doubt that the girl concerned is a minor. As to her age, the evidence of Dr. Kabir Hossain appears to be conclusive. The giri being a minor, it seems to us that ordinarily the only person competent to move the Court in habeas corpus is one who is entitled either to the custody of the child or to represent her legally. Where, however, such a person is shown to be incapable of making the application, or where no such person exists, the question of the right of a friend to make such an application may properly arise. But, in that case, it must be shown by an affidavit, firstly, that no one who is