Chief Justice's Court
Case :- HABEAS CORPUS WRIT PETITION No. - 3448 of 2018 Petitioner :- Ujma Khatoon Alias Astha Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravindra Prakash Srivastava,Hanuman Deen Verma Counsel for Respondent :- G.A.,Brij Kishore Singh
Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
In pursuance of the order dated 22.02.2019, the alleged detainee Smt. Ujma Khatoon @ Astha Singh is produced before us through Ms. Pratibha Ambedkar, Samadesta, Home Guards, Lucknow. The alleged detainee on asking stated that her date of birth is 10.08.2000 and she has attained majority. It is further stated by her that, being major, she is at liberty to move as per her free will and wishes and, therefore, she is required to be released from the place where she has been presently lodged in pursuance of the directions given by this Court. It is also stated by her that after having telephonic conversation with Sri Usman Ali, she, at her own, left her parental house and proceeded for Mumbai. Sri Usman Ali was already there at Mumbai and he received her at Borivali Railway Station. She stayed with Sri Usman Ali at Mumbai for about a period of one month.
Sri Usman Ali is also present in person. On asking, he too disclosed his relations with Smt. Ujma Khatoon @ Astha Singh.
It is also relevant to state that in this habeas corpus petition, a notice was also issued to Sri Raghvendra Singh, Uncle of Smt. Ujma Khatoon @ Astha Singh. Sri Raghvendra Singh appeared before the Court in person on earlier dates but has not filed any counter affidavit.
In entirety of the facts, we are of the view that, being 10.08.2000 the date of birth of Smt. Ujma Khatoon @ Astha Singh, she is major and, as such, she is at liberty to move as per her free will and wishes. Sri Usman Ali and Smt. Ujma Khatoon @ Astha Singh also disclosed before us that after attaining Court proceedings, they will proceed for Siddharth Nagar where Smt. Laila Khatoon, mother of Sri Usman Ali is residing at Village Chunmunva, Post Mahapali, Police Station Kotwali, District Siddharth Nagar. The cellular phone number of Sri Usman Ali is 9517302309 and the cellular phone number of Smt. Laila Khatoon is 7233069027. Smt. Laila Khatoon is residing with Mohd. Altaf, younger brother of Sri Usman Ali, whose cellular number is 7379232990. It is also stated by Sri Usman Ali that, at Mumbai, he is in employment of Sri Anwar Ahmed Khan, owner of Star Garment Factory situated at Jari Mari, Tar Gali, Kurla Road, Andheri whose cellular number is 9819475301. It is also stated by Sri Usman Ali that he is having a known friend, namely, Subhash Varun resident of District Maharajganj and his cellular phone number is 8080904978.
Having considered all the facts stated above and on noticing other necessary details, we deem it appropriate to dispose of this habeas corpus petition by keeping Smt. Ujma Khatoon @ Astha Singh at liberty to move as per her free will and wishes.
The necessary security be provided by the Special Investigation Team to Sri Usman Ali and Smt. Ujma Khatoon @ Astha Singh till their arrival at the residence, i.e., Village Chunmunva, Post Mahapali, Police Station Kotwali, District Siddharth Nagar.
With the directions as above, the habeas corpus petition stands disposed of.
Order Date :- 27.2.2019 Shubham .
(Saurabh Shyam Shamshery, J.) (Govind Mathur, C.J.)