Court No. - 42
Case :- HABEAS CORPUS WRIT PETITION No. - 744 of 2019 Petitioner :- Asha Joshi (Detune) Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Pathak Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Sunil Kumar Pathak, for the petitioner; the learned A.G.A. for the State; and perused the record.
This habeas corpus petition has been filed by Madhu, next friend of the corpus Asha Joshi, for production of the corpus with a prayer that she be set at liberty.
According to the allegations in the petition, the corpus was being illegally detained in Government Women Protection Home, Agra even though she had been granted bail in the solitary case registered against her in respect of which consequent to submission of bail bonds, release order was passed by the court concerned.
On averments made in the petition, we had required the learned A.G.A. to seek instructions as to under which law and authority the corpus is being detained.
Pursuant to that order, the learned A.G.A. obtained oral instructions and informed the Court that the detenu herself is interested in continuing her stay at Nari Niketan, Agra. Upon which, on 22.08.2019, we had passed the following order:-
"This habeas corpus petition has been filed for production of Asha Joshi, who is stated to be in the Government Protection Home (Women), Agra.
There is no dispute as regards attainment of majority by the corpus and it appears that she had been an accused in Case Crime No.271 of 2018, under Sections 3, 4, 5, 6, 7 and 8 of Immoral Traffic (Prevention) Act, 1956, P.S. New Agra, District Agra.
It is stated by the petitioner that she has been granted bail in the said case by order dated 18.04.2018 passed by the Sessions Judge, Agra but despite submission of bail bonds, she has not been released.
On 02.08.2019, the Court had passed the following order:-
"According to the case of the petitioner, the petitioner is an accused in Case Crime No.271 of 2018 for offences punishable under Section 3/4/5/6/7/8 of the Immoral Traffic Prevention Act, 1956 in which she was granted bail by order dated 18.04.2018 and bail bonds were furnished on 13.06.2018 but, till date, the petitioner has not been released even though she is not wanted in any other case.
Learned A.G.A. has accepted notice on behalf of the respondents 1, 2 and 3. He shall seek written instructions from the respondents within a week.
Put up this matter on 09th August, 2019. In the written instructions, it shall clearly be specified under which law and authority the corpus is being detained."
Pursuant the above order, when the matter was taken up on 13.08.2019, a statement was made by Sri Deepak Mishra, learned A.G.A., that as per his instructions the detenue herself is interested in continuing her stay at Nari Niketan, Agra. Consequently, on 13.08.2019, following order was passed:-
"Sri Deepak Mishra, the learned A.G.A, states that he has received oral instructions that the detenu is interested in continuing her stay at Nari Niketan, Agra.
If that be so, he is directed to file an affidavit to this effect of the competent authority concerned.
List again in the additional cause list on 22.8.2019."
Pursuant to the order dated 13.08.2019, today, Sri Deepak Mishra, learned A.G.A., has produced a handwritten letter, thumb marked by the corpus Usha, to demonstrate that she is willingly in the Government Protection Home.
As the letter is thumb marked and no affidavit has been filed, as directed by this Court vide order dated 13.08.2019, we deem it appropriate to require the respondent no.3 to produce the corpus in Court on 05th September, 2019.
List on 05th September, 2019.
Let a copy of this order be supplied to the learned A.G.A. for compliance. "
Pursuant to the above order, the corpus (Asha Joshi), has been produced before us.
We had enquired from her whether she wishes to stay at Nari Niketan or she wishes to be set free.
In reply, she specifically stated that she wishes to be set free and that she would be with her friend Madhu, who is present in Court.
The learned A.G.A. representing the State-respondents does not dispute that the corpus is an adult and that she is not required currently in any case and the case in which she has been shown an accused, she has been granted bail by the court concerned and her bail bonds have been verified.
In view of the above, this habeas corpus petition is allowed. The corpus (Asha Joshi) shall be set at liberty forthwith.
Order Date :- 26.9.2019 Sunil Kr Tiwari