Court No. - 4
Case :- HABEAS CORPUS WRIT PETITION No. - 3544 of 2018 Petitioner :- Vineeta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Singh Parmar Counsel for Respondent :- G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Supplementary affidavit filed on behalf of the petitioner in the Court today is kept on record.
Heard Sri Virendra Singh Parmar, learned counsel for the petitioner and Smt. Manju Thakur, learned A.G.A.-I for the respondent nos. 1 and 2.
None has appeared on behalf of the respondent no. 3.
Following order was passed by this Court in this case on 19.09.2018 :-
"Heard Sri Virendra Singh Parmar, learned counsel for the petitioner and Smt. Manju Thakur, learned A.G.A.-I for the respondent nos. 1 and 2.
None has appeared on behalf of respondent no. 3. Following order was passed by this Court on 20.08.2018 :- "Heard learned counsel for the petitioner and the learned A.G.A.
Present petition has been filed for quashing the order dated 27.7.2018 passed by the Additional Sessions Judge, Court No.1 Mahoba in Misc. Case No. 38 of 2018 arising out of case crime No. 199 of 2017 under Sections 363, 366 IPC and Section 8 POCSO Act, police station Ajanar, district Mahoba, whereby the corpus-petitioner was sent to Nari Niketan.
It is contended by learned counsel for the petitioner that the corpus is major but she is being illegally detained by the respondent No.2.
Issue notice to the respondent No.2 and 3 returnable within ten days as it is a habeas corpus petition and liberty of the corpus is under consideration. Steps be taken within 24 hours.
List on 04.9.2018."
Another order was passed by this Court on 05.09.2018 :-
"Seen the office report dated 01.09.2018.
Service on respondent nos. 2 and 3 is deemed to be sufficient in view of the provisions of Chapter VIII Rule 12 Explanation (II) of the Allahabad High Court Rules, 1952.
Let the matter be listed on 19th September, 2018. On that date, the respondent no. 2 shall produce the Corpus of the detenue Vineeta before this Court.
A copy of this order be given to learned A.G.A. within 24 hours. "
In compliance of the order of this Court dated 05.09.2018, petitioner Smt.
Vineeta has been produced before us by S.I., Munna Khan, Constable Afjal Khan and Lady Constable Sruti. She has been identified by her counsel, Sri Virendra Singh Parmar.
On being quizzed by the Court, petitioner Smt. Vineeta stated that she is aged about 18 years and she after leaving her parental home voluntarily, solemnized marriage with Shakeel on her own sweet will and started living as his wife. She next stated that neither anyone had kidnapped her nor she was compelled to marry Shakeel. She further stated that before solemnizing marriage with Shakeel, she had embraced Islam.
Learned counsel for the petitioner submitted that as per the radiological examination report of the petitioner Smt. Vineeta (detenu) (Annexure No. 4), she is major and since she had left her parental home on her own accord and solemnized marriage with Shakeel voluntarily, therefore, she cannot be illegally detained in Rajkiya Mahila Sharnalaya, Kanpur against her wishes.
Per contra Smt. Manju Thakur, learned A.G.A.-I opposed the submissions made by learned counsel for the petitioner and submitted that there is no evidence on record indicating that Smt. Vineeta (detenu) has embraced Islam.
Learned counsel for the petitioner prays for and is allowed two weeks time to bring on record the material showing that before solemnizing marriage with Shakeel, Smt. Vineeta (detenu) had converted to Islam.
List on 05.10.2018.
In the meantime, the petitioner Smt. Vineeta (detenu) who has been produced before us today shall stay in Rajkiya Mahila Sharnalaya, Kanpur and shall be produced before us again on the next date.
A copy of this order shall be provided to learned A.G.A. for necessary compliance."
Another order was passed by this Court in this case on 05.10.2018 which runs as hereunder :-
"Seen the office report dated 4.10.2018.
Learned counsel for the petitioner is directed to supply the correct address of respondent no. 3 Kallu Singh within a week for service of notice.
List this case on 26.10.2018.
In compliance of the order of this Court dated 19.09.2018, petitioner Smt. Vineeta has been produced before us by S.I. Munna Khan and Lady Constable Surbhi Niranjan. She has been identified by her counsel, Sri Virendra Singh Parmar.
In the meantime, the petitioner Smt. Vineeta (detenu) who has been produced before us today shall stay in Rajkiya Mahila Sharnalaya, Kanpur and shall be produced before us again on the next date.
A copy of this order shall be provided to learned A.G.A. for necessary compliance."
In compliance of the aforesaid orders of this Court dated 19.09.2018 and 05.10.2018, learned counsel for the petitioner has filed supplementary affidavit appending thereto the conversion certificate of the petitioner. The petitioner Smt. Vineeta (detenu) has been again produced before us by S.I. Munna Khan and Lady Constable Surbhi Niranjan. She has been identified by her counsel, Sri Virendra Singh Parmar.
Since the petitioner Smt. Vineeta (detenu) is major and had left her parental home on her own accord and solemnized marriage with Shakeel voluntarily after embracing Islam, we are of the considered view that she cannot be detained in Rajkiya Mahila Sharnalaya, Kanpur.
In view of the above, the writ petition succeeds and is allowed.
The petitioner, Smt. Vineeta (detenu) is set at liberty forthwith. She is free to go wherever she desires.
There shall however be no order as to costs.
Order Date :- 26.10.2018 KS