Dr. S. Muralidhar, J.

Introduction

1. The Petitioner came to this Court on 25th November 2017 with this writ petition under Article 226 of the Constitution of India, seeking a writ of habeas corpus for the release of his 71 year old father, Mr. Ram Kumar @ Ram Kanwar (Respondent No.4), from illegal detention at the Institute of Human Behaviour and Allied Sciences (‘IHBAS’) (Respondent No.3) at Shahdara, Delhi.

2. In the course of the hearing of this petition on 25th November 2017, it transpired that, on 3rd November 2017, pursuant to the order of the Judge of the Motor Accidents Claims Tribunal (MACT) -2, Rohini, an Assistant Sub-inspector (ASI) attached to the Police Post (PP) at the Rohini District Court took Respondent No.4 in custody for medical check up to the nearby Baba Saheb Ambedkar (BSA) Hospital. Subsequently pursuant to a ‘reception order’ passed by the Duty Metropolitan Magistrate (MM) at Rohini, Respondent No.4 was, unbeknownst to his family, taken away to IHBAS for observation for two days. His unlawful detention at IHBAS was continued by orders dated 5th November of the Duty MM and 20th November 2017 of the MM at Rohini.

3. On 25th November 2017, after hearing