Court No. - 44
Case :- HABEAS CORPUS WRIT PETITION No. - 544 of 2019 Petitioner :- Islam And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjay Kumar Shrivastava Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J. Hon'ble Anil Kumar-IX,J.
In compliance of our order dated 18.6.2019, the detenu Smt. Naseema has been examined by a Board of Doctors constituted by the Chief Medical Officer, Prayagraj. The Chief Medical Officer alongwith his Board of Doctors has submitted a report dated 20.6.2019 where on the basis of an ossification test, the detenu Naseema has been opined to be 18 years old. The report submitted to the Court through the learned A.G.A. in sealed cover that has been opened in our presence, is exhibited and made part of the record.
Heard Shri Amar Jeet Upadhyay, learned counsel holding brief of Shri S.K. Srivastava, learned counsel for the petitioners and Shri Deepak Mishra, learned A.G.A.
This petition for issue of a writ, order or direction in the nature of habeas corpus was filed asking for a rule nisi requiring production of petitioner no.2, who is in the confinement of respondent no.4-Superintendent Nari Niketan, Meerut under orders of the learned Additional Sessions Judge, Court No.8 (POCSO Act), Muzaffar Nagar, dated 16.8.2017, passed in Case Crime No.516 of 2017, under Sections 363, 366 I.P.C., PS- Jhinjhana, District Shamli. The detenu was produced before this Court from the said Nari Niketan in compliance with the rule issued. She was sent for the medical evaluation of her age according to prescribed norms. The report returned by the Board of Doctors constituted has been placed before the Court, and referred to hereinabove.
A perusal of the medical report aforesaid shows that the second petitioner has turned a major, and in our opinion, it would be a gross violation of the liberty of any citizen, particularly a major, to be kept in confinement, or continued to be kept in confinement, contrary to her wishes, even in a place like the Nari Niketan.
Accordingly, we have proceeded to ascertain the wishes of the detenu, Smt. Naseema who is before the Court and has been identified by two Police Constables namely Anita Sharma-922 and Satpal Singh-939 who have escorted her from the Nari Niketan, Meerut:
"Apka Naam Kya Hai?' "Naseema"
"Apke Pita Ka Naam?" "Anwar"
"Kya apki shadi ho gai hai?" "Nahi"
"Islam kaun hai?" "Mama"
"Aap apne pita ji k saath nahi jana chahti hai?' "Nahi"
"Aap apne mata ji ka saath jana chahti hai?" "mata ji nahi hai"
"Aap kiske saath jana chahti hai?" "Mama"
Considering the aforesaid statement of the detenu who has been found to be major on the medical evaluation of her age, we find her detention in the Nari Niketan by dint of the order of the learned Additional Sessions Judge, Court No.8 (POCSO Act) Muzaffar Nagar dated 16.8.2017, passed in Case Crime No.516 of 2017, under Sections 363, 366 I.P.C., PS-Jhinjhana, District Shamli to be illegal.
The habeas corpus is, accordingly, allowed. Rule is made absolute. The second petitioner Smt. Naseema who is present in Court is set at liberty forthwith. She is free to go wherever she likes and with whom she wants. No authority of the State or private person will interfere in that right of hers.
It is ordered accordingly.
Order Date :- 20.6.2019/Jyotsana