JUDGMENT :

A. K. Mishra, J.

1. This writ of habeas corpus was filed on 16.10.2008 seeking following relief:-

“Issue a Rule Nisi, calling upon the opposite party no.1 to 4 with further direction to produce Indra Madhi in person in the Hon’ble Court on an appointed date, taking the assistance of the opposite party no.5 who was instrumental to the disappearance of Indra Madhi in connivance with the police officials; and

May issue further direction to the opposite parties to submit their reports, why he is not forwarded to the Court for such a long time, to comply with the constitutional provision as specified under Article 22 of the Constitution.”

2. Petitioner is the son of Indra Madhi. It is alleged that Indra was a member of Scheduled tribe and also elected Sarapanch of the Chimtapalli Grama Panchayat under Korukonda Panchayat Samiti in the District of Malkanagiri.

On 26.8.2008, one Akula Sarkar of M.V. 123 village was arrested. He was not forwarded to Court. Indra, being Sarpanch along with Sri Deba Kawasi, the Sarpanch of Nilakamberu G.P. and another Subas Padiami met the Collector, Malkangiri twice against illegal detention of Akula by police. On 12.9.2008, police took Indra to the o