IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 279 of 2009(S)
1. GIRIJA RADHAKRISHNAN,
... Petitioner
Vs
1. UNION OF INDIA, REPRESENTED BY
... Respondent
2. DEPUTY INSPECTOR GENERAL,
3. DIRECTOR GENERAL,
4. COMMANDANT, 124 BATTALION, B.S.F.
5. CHAIRMAN,
6. DIRECTOR GENERAL OF POLICE,
For Petitioner :SRI.ANTONY V. PAUL
For Respondent :SRI.T.SANJAY, CGC
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :06/08/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P.(Crl.)No.279 OF 2009
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DATED THIS THE 6th DAY OF AUGUST, 2009
J U D G M E N T
Basant, J.
The petitioner has come to this Court with this petition
under Article 226 of the Constitution of India complaining that
her husband, a Constable in the BSF, is illegally detained. This
petition filed on 14.7.2009 was admitted on 15.7.2009. Notice
was ordered to the respondent. On behalf of the respondents, a
statement is filed now. The statement makes it very clear that it
is not a case of illegal detention, but the petitioner’s husband has
suffered an order imposing punishment of rigorous imprisonment
for 60 days in the custody of the BSF. Annexure R1(a) order
passed by the Commandant has been produced.
2. It is now evident that the petitioner’s husband is not
in illegal custody and remains in custody in pursuance of an
order passed as revealed from Annexure R1(a). The validity of
that order can of course be challenged before appropriate
authorities in accordance with law. We are not persuaded to
W.P.(C)No.279/09 -2-
agree that the extraordinary constitutional jurisdiction under
Article 226 of the Constitution of India deserves be invoked in
favour of the petitioner now.
3. With the above observation – that the rights of the
alleged detenu and the petitioner to challenge Annexure R1(a)
order and the imprisonment referred to therein in accordance
with law shall remain unfettered by the dismissal of this Writ
Petition, this Writ petition is dismissed.
R.BASANT, JUDGE.
M.C.HARI RANI, JUDGE.
dsn