(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Pursuant to order dated 16.01.2012, corpus is kept present by the Police Officers. Nirali - daughter of Atmaram Patel is present in the Court. She is accompanied by one Shri Bahrukhan, who happens to be uncle of respondent No.4 - Afzalkhan as Usmankhan-father of Afzalkhan happens to be son of uncle of Bahrukhan. One Shri Yunuskhan - brother of Afzalkhan is also present before the Court. On inquiry as to why Afzalkhan has not accompanied the corpus, it is informed by Bahrukhan that Afzalkhan was feverish and therefore, he has not come. However, they have shown their willingness that Afzalkhan can be called and he will be present before the Court tomorrow.
The matter is kept on 24.01.2012.
2. The matter was heard in Chamber.
Nirali - daughter of Atmaram Patel was not cooperative in answering the questions put to her. She was not talking straight and was looking avoiding the eye-contact while answering the questions. The Court feels that Nirali - daughter of Atmaram Patel is still under influence of the persons from whose custody she has come. The Court is of the opinion that it will be in the interest of justice if Nirali - daughter of Atmaram Patel is kept in Nari Sanrakshan Grih till further orders.
3. In one of the communications addressed to Chairman, National Women Commission, it is mentioned in 'Subject Clause' that, 'protection be made available from Rajasthan Police and statement under Section 164 of the Code of Criminal Procedure be recorded anywhere except Gujarat because she apprehends threat to her life in Gujarat. She has also expressed apprehension that her parents may cause her death. Besides it is also mentioned that she does not have faith in Gujarat Police'.
4. On inquiry, as to what is the basis of writing this in the communication, Nirali - daughter of Atmaram Patel states that there was news item in the newspaper and on the basis of that news item, this application was made mentioning the aforesaid apprehension. She states that that newspaper will be made available tomorrow, which may be brought by Afzalkhan, while he is coming to this Court.
5. Learned APP to see that she is kept in Nari Sanrakshan Grih at Paldi, Ahmedabad and shall also see to it that tomorrow she is kept present in the Court.
A copy of this order be made available to learned APP for its onward communication.
(Ravi R.Tripathi, J.) (G.B.Shah, J.) *Shitole Top