Court No. - 42
Case :- HABEAS CORPUS WRIT PETITION No. - 60656 of 2016 Petitioner :- Smt. Meena Kumari And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Avdhesh Narayan Tiwari Counsel for Respondent :- G.A.,A Kumar Srivastava Hon'ble Manoj Misra,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
This habeas corpus petition has been filed by Prem Pal Singh for production and release of the corpus (Meena Kumari). It is claimed in this petition that the corpus has married the petitioner no.2 (Prem Pal Singh) and that she is aged about 20 years and is illiterate.
In support of the claim that the corpus had attained the age of majority, reliance has been placed on a certificate issued by the Chief Medical Officer, Orai, which has been brought on record as Annexure No.5 to the petition. The said certificate indicates that the corpus, as on 27.02.2016, was aged about 18 years.
It appears that by order dated 1st March, 2016, the corpus was given in the custody of her father Madho Singh. Thereafter, by order dated 17.10.2016, the Additional Sessions Judge, Jalaun at Orai had recalled his earlier order dated 01.03.2016 and had directed placement of the corpus in a Protection Home at Kanpur. The order was passed under the belief that the corpus is a minor as in her education certificate the date of birth recorded was 03.11.2001.
In these proceedings, on 17.01.2017, the corpus was produced before the Court. She stated before the Court that she wanted to live with the petitioner no.2 with whom she has married. The Court, however, did not direct for her release but gave time to the learned A.G.A., representing the respondents 1 to 4, to file counter affidavit. Thereafter, on 05.07.2019, when the matter was listed again, the Court directed the learned A.G.A. to seek instructions from the Child Protection Home concerned as to whether the corpus is still under their protection or has been released.
Pursuant to the order dated 05.07.2019, instructions were obtained by the learned A.G.A. and, on the basis of the instructions, he made a statement that the corpus is no longer in the Child Protection Home. However, it was stated that she has eloped with someone.
On the above statement, an affidavit of Superintendent, Rajkiya Mahila Shranalya, Swaroopnagar, Kanpur was called.
Thereafter, on 01.08.2019, learned A.G.A. prayed for further time to comply with the earlier order. Subsequently, on 08.08.2018, following order was passed:-
"On 18th July, 2019, following order was passed:
"On 5.7.19 we had passed the following order.:-
"The corpus was sent to Nari Niketan upon finding that her date of birth was 3rd November, 2001. In the habeas corpus petition it is contended that the corpus was an adult as per medical report and therefore should not be confined in child protection home.
On 22nd December, 2016, the court had directed production of the corpus fixing 17th January, 2017.
On 17th January, 2017, the following order was passed:
"In pursuance of the order of this Court dated 22.12.2016, the corpus petitioner No. 1, Smt. Meena Kumari has been produced by Respondent No. 3 from Rajkiya Mahila Sharanalaya, Swaroop Nagar, Kanpur.
In the impugned order dated 17.10.2016 passed by the court below, it has been observed that according to the educational certificate, the date of birth of the corpus Smt. Meena Kumari is 3.11.2001, as such, she is about 15 years of age. No cogent evidence has been placed before us to show that she got legally married to the Petitioner No. 2, Prem Singh Pal. Admittedly, a criminal case under Sections 363, 366, 376 IPC and 7/8 PACSO Act is pending against the Petitioner No. 2, Prem Singh Pal.
When a specific query was made from the corpus Smt. Meena Kumari, she has stated before the Court that she wants to live with the Petitioner No. 2, Prem Singh Pal with whom she has got married.
Office report dated 17.1.2017 indicates that the notice issued to the Respondent No. 5 has been served upon him but neither the Respondent No. 5 is present before the court nor any counsel has put in appearance on his behalf.
As prayed by the learned AGA appearing on behalf of the respondents No. 1 to 4, four weeks' time is granted for filing counter affidavit. Three weeks' time thereafter is granted to the petitioners for filing rejoinder affidavit in the matter.
List thereafter.
The detenue Smt. Meena Kumari, who has been produced today, be taken back to the concerned Nari Niketan/Rajkiya Mahila Sharanalaya. She need not to be produced before this Court unless otherwise directed by this Court.
In the meantime, Respondent No. 5 may also file counter affidavit in the matter."
Today, even in the revised call, no one has appeared on behalf of the petitioners to press the petition.
Keeping in mind the medical age of the corpus as also that it would not be desirable to keep a person, not wanted in any case, for an indefinite period in child protection home, we deem it appropriate to require the learned AGA to seek instruction from the Child Protection Home concerned as to whether the corpus is still under detention or has been released.
List this matter on 18th July, 2019.
Let a copy of this order be supplied to the learned AGA for compliance."
Shri Deepak Mishra, learned A.G.A. on the basis of instructions, has stated that the corpus is no longer with the Child Protection home concerned and instructions have been received that she has eloped with some one.
If that is so, it is a serious matter. Therefore, an affidavit be filed by the Superintendent, Rajkiya Mahila Sharnalaya, Swaroop Nagar, Kanpur bringing all the facts on record. The affidavit shall also indicate whether any F.I.R. or any enquiry had been set up with regard to the matter. The affidavit be filed within two weeks.
List this matter on 1st of August, 2019.
A copy of this order shall be supplied to learned A.G.A. for compliance."
As no affidavit of compliance was filed, on 1st August, 2019, further time was granted to the learned AGA to file compliance affidavit. Learned AGA stated that information of this court's order has been sent to the Superintendent, Government Women Protection Home, Swaroopnagar, Kanpur Nagar through the District Magistrate, Kanpur Nagar but no response has been received. He further stated that this information was sent on 3rd August, 2019 along with copy of this court's order and the information of the earlier order dated 18th July, 2019 was sent on 24th July, 2019.
In view of the above, let this matter be listed on 28th August, 2019. In the meantime, the District Magistrate, Kanpur Nagar shall conduct an enquiry and submit compliance affidavit by the next date.
Let a copy of this order be supplied to the learned AGA for compliance."
Pursuant the above order, the corpus has been recovered and has been produced before the Court today.
It has not been brought to our notice that the corpus is wanted in any case.
The corpus has stated before us that she has not studied in any school; that she is an adult and she has married Prem Pal Singh (petitioner no.2). She states that out of marriage, she has two children. Both the children are there in the lap of parents.
Considering the facts and circumstances of the case as also that as per the medical examination report the corpus was found aged about 18 years in the year 2016 and by now three years have passed since then and, otherwise also, even as per the educational certificate, she is just three months short of attaining the age of majority, we deem it appropriate to set aside the order dated 17.10.2016 and direct that the corpus (Meena Kumari) shall be released and she would be at liberty to go wherever she wants.
The habeas corpus petition stands allowed, as above.
Order Date :- 28.8.2019 AKShukla/-