IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT PETITION NO : 11598 of 2009 Between: Smttt.Y.Maithri W/o.B.Gangadhar, CRPF-Constable(General Duty) 99 Rapid Action Force of CRPF(Force No.921162152), Age(30) Years House Wife R/o. Kookur(V) Behind M.B Darga,Kookur,Secunderabad ... PETITIONER AND 1 The Government of India, rep.by its Secretary Ministry of Home affairs South Block, New Delhi-110001 2 The Director General of Police Mr.A.S Gill IPS, C.R.P.F CGO Complex, Lodi Road New Delhi-11003 3 The Inspector General Police Mr J.C Dabas-IPS, Rapid Action Force of CRPF RK Puram, New Delhi-110066 4 The Commandant Mr.C.V.Venkatesh, 99/AF/CRPF Hakimpet Post, J.J.Nagar, Secunderabad-500078 5 The Officer Commanding Smt.A.K Deepa Asst.Commandant of 99 RAF(Rapid Action Force CRPF) Hakimpet J.J Nagar,Secunderabad- 500078 ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Habeas Corpus directing the 4th respondent herein to produce the petitioner's husband B.Gangadhar,constable(General Duty) before this Hon'ble Court and consequently shall be set at liberty with immediately effect from the unlawful illegal, wrongful and unjustifiable detention of the 4th respondent and allow him to move freely like other CRPF Personnel. Counsel for the Petitioner: MR. NARINDER PAL SINGH Counsel for the Respondents: MR. A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.11598 of 2009 ORAL ORDER: (per Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the petitioner as well as the learned Assistant Solicitor General appearing for the respondents. 2. This Writ of Habeas Corpus is filed by the petitioner seeking a direction to the 4th respondent to produce her husband viz., B.Gangadhar, Constable (General Duty), who is in illegal custody of the 4th respondent and set him at liberty. 3. The grievance of the petitioner in this writ petition is that her husband, who is working as a Constable under the control of 4th respondent in Central Reserve Police Force (CRPF) has been illegally detained in the headquarters without allowing him to live with the petitioner, in spite of the fact that her husband has been suffering from ailments. 4. It is brought to the notice of this Court by the learned Assistant Solicitor General that the alleged detenu was appointed to render his services as Constable and as per the norms of the Department, he has to necessarily stay in the quarters only and, therefore, the alleged detenu was not permitted to live along with his wife outside the Campus. 5. Learned counsel for the petitioner, however, contended that in similar circumstances some other persons were allowed to stay outside the Campus along with their family members. But in the instant case, the alleged detenu was discriminated and was not permitted to live along with the family. 6. The said allegation cannot be a ground to file a Writ of Habeas Corpus. We are of the view that the duties assigned to the alleged detenu are such that he has to necessarily stay away from the petitioner. This Court cannot direct the respondents, respondent No.4 in particular, to relieve the alleged detenu from the present duties and permit him to stay outside the quarters along with his wife. It is for the competent authority to examine the condition of the alleged detenu and on his representation about his illness, consider his case and pass appropriate orders. Therefore, as already pointed out, no Writ of Habeas Corpus would lie in a case where discrimination relating to the service conditions is alleged. 7. Accordingly, the writ petition is dismissed, at the stage of admission, with a liberty to the petitioner or the alleged detenue to make a representation to the competent authority, in this regard, and on such representation being made, the competent authority would assess the situation and pass appropriate orders. There shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE R.KANTHA RAO 16-06-2009 Lmv/Msr HON'BLE SRI JUSTICE D.S.R.VARMA AND HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.11598 of 2009 16.06.2009 (Lmv)