This writ petition under Article 226 of the Constitution of India is directed by one Mrs. T.S. Ramani, praying for the issuance of a writ of habeas corpus setting at liberty forthwith her husband M.N. Manoharan, ex-Naik/Clerk, an Army personnel, who has been incarcerated in the Central Prison, Madras, in pursuance of the conviction by the District Court-Martial, Avadi, under Section 64(c) of the Army Act, 1950 (hereinafter referred to as the Army Act) for receipt of illegal gratification, and the sentence of rigorous imprisonment for six months in addition to the punishment of reduction in ranks and dismissal from service, inflicted on him.

2. Though various allegations have been made in the affidavit, which are refuted in the counter-affidavit, for the limited purpose of disposing of this writ petition, we feel that it would suffice to state that the said Manoharan was arrested and taken to military custody by his Commanding Officer before the commencement of his trial on 16.4.1983 under Section 101 of the Army Act read with paragraph 392 of the Regulations for the Army, 1962, and kept under detention till 18.9.1983, on which date he was convicted and sentenced as afore-menti