Court No. - 44
Case :- HABEAS CORPUS WRIT PETITION No. - 654 of 2021 Petitioner :- Km. Saymeen (Corpus) And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Brijesh Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
The present habeas corpus petition has been filed for release of the corpus/petitioner no. 1 from the Child Home (Girls), Swaroop Nagar, Kanpur Nagar wherein she has been lodged under the orders passed by the Child Welfare Committee, Etah.
Placing the medical examination and Aadhar card of the victim/girl, it is sought to be submitted by the learned counsel for the petitioners that as the estimated age of the victim/girl has been found between 18-19 years, the decision of the Child Welfare Committee sending her to Children home cannot be sustained.
Suffice it to note that in case the petitioners are aggrieved, the habeas corpus petition is not the appropriate remedy to challenge the decision of the competent authority i.e. Children Welfare Committee, which has been constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015 to ensure the welfare of the Children, who have been removed from the company of their natural guardian/parents. Against the decision of the Child Welfare Committee, the petitioners have appropriate remedy of appeal under Section 101 of the Act, 2015.
In any case, the detention of the corpus in the Children home cannot be said to be an illegal detention in absence of challenge to the order of the Child Welfare Committee.
For the aforesaid, the habeas corpus petition is found misconceived and hence dismissed.
Order Date :- 23.9.2021 gp