A writ of habeas corpus cannot be granted when the alleged illegal detention has de facto ceased before the application for the writ is made.

Should a writ in the nature of habeas corpus issued when the alleged illegal detention has de facto ceased before the application for the writ is made ? This is the precise question involved in these two analogous Civil Rules.

2. Three boys, namely, (1) Kangujam Loken Singh, alias Premjit Singh, aged 21 years, of Khongman Makha, (2) Thokchom Logendra Singh, aged 19 years, of Pebis Pandit Leikai, Singjamei Makha, and (3) Kangujam Iboyaima Singh, aged 19 years, of Khongman Okram Chuthek Makha, were taken into custody by army personnel belonging to the J.K. Army Rifle of Manipur, Imphal on 23-9-1980 from their houses. Of the three, the third, namely, Kangujam Iboyaima Singh, was admittedly released on 25-9-1980 and arrived back home on 26-9-1980 while the other two have not yet returned home.

3. As regards Kangujam Loken Singh, alias Premjit Singh, Kangujam Joykumar Singh, his elder brother, on 24-9-1980 lodged a complaint to the Officer-in-charge, Singjamei Police Station, Imphal stating that on 23-9-1980 at about 3 P.M. some unidentified armed personnel, who came in three civilian vehicles (2 jeeps and one car), forcibly took away his younger brother, Kangujam Loken Singh, from their house and since then his whereabouts were not known. On 14-10-1980 the same Kangujam Joykumar Singh submitted an application to the Inspector General of Police, Government of Manipur making similar statements and praying suitable action for recovery. On 25-2-1981 the mothers of the two boys, namely, Kangujam Loken Singh and Thokchom Lokendra Singh, submitted a joint application to the G. O. C., M-Sector, Imphal stating that they were at a loss to know the whereabouts of their sons and that the only information available with them was that they had already been released from army custody, but the boys never came back home and nobody saw them since their arrest. It was also stated that the third boy, Kangujacn Iboyaima Singh, was released on 26-9-1980 and on 30-9-1980 some Army Jawans in uniform along with one police officer known as Peter came to their house at about 2 P.M. and informed them that their sons had already been released and asked whether they arrived; and were told that they had not. On 27-2-1981 both the mothers submitted another joint application to the Governor of Manipur making similar statements.

4. As regards Thokchom Lokendra Singh, an application was made to the I. G. P., Government of Manipur, Imphal by his father Th. Shamu Singh, stating that the three boys were arrested on 23-9-1980 and of them Kangujam Iboyaima Singh had been released but the whereabouts of his son were not known and praying that the whereabouts he made known to him. On 27-2-1981 a joint application by the two mothers, as stated earlier, was made to the G. O. C., M.-Sector, Imphal. Another joint application by the two mothers was made to the Hon'ble Prime Minister of India requesting for the whereabouts of their sons.

5. Smt. Thokchom Ningol Kangujam Ongbi Thoibi Devi filed the Habeas Corpus petition (Civil Rule 128/81) for her son, Kangujam Loken Singh alias Premjit Singh, on 9-4-1981; while Smt. Potsangbam Ningol Thokchom Ongbi Ibecha Devi filed the Habeas Corpus petition (Civil Rule 129/81) on the same date for her son Thokchom Lokendra Singh.

6. On 9-4-1981 notices of motion were issued in both the Civil Rules returnable by 25-4-1981. In both the Rules affidavits-in-opposition were filed on 22-4-1981 on behalf of respondents Nos. 1 and 2, namely, G. O. C., M-Sector, Manipur and Brigade Major, Manipur Sector, Imphal stating that all the three boys were released on 25-9-1980 and the members of their families were also informed on 30-9-1980. The copies of the application to the G. O. C., M-Sector Dated 25-2-1981 and their reply thereto dated 8-3-1981 stating that the petitioners' sons were released on 25-9-1980 and expressing concern that they had not returned home, and assuring that they would inform immediately should they get any further news about t