Ram Autar Gupta and Another Vs State of U.P. and 9 Others

Court No. - 66

Case :- HABEAS CORPUS WRIT PETITION No. - 118 of 2020

Petitioner :- Ram Autar Gupta And Another Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- A.P. Singh,Dharmendra Kumar Counsel for Respondent :- G.A.,Lakshmi Kant Pandey

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Hon'ble J.J. Munir,J.

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This habeas corpus writ petition has been filed by the petitioner, Ram Autar Gupta, who claims to be a close friend of the detenue, Rajendra Kumar Jaiswal alleging that Jaiswal is in unlawful detention, confined by his next of kin, that is his sons and his wife. These kinsmen have been arrayed as respondent numbers 8, 9 and 10. The allegation further goes that this detention is in connivance with the respondent authorities.

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A rule nisi was issued by this Court on 06.02.2020 but appears to have remain uncomplied with for a long period of time. On 10.09.2020, time was sought by respondent no. 11, who is no other than the detenue, Rajendra Kumar Jaiswal, who appeared before the Court today. This time was sought through Sri Laxmi Kant Pandey, Advocate. It does appear a little in congruent that a person, claimed to be detained does appear independently through Counsel. Nevertheless, by the order dated 10.09.2020 that time was granted and today Rajendra Kumar Jaiswal has appeared before this Court, who has been identified by his Counsel. This Court, accordingly, proceeds to record the statement of Rajendra Kumar Jaiswal, verbatim:

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Q. Aap ka naam?

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A. Rajendra Kumar Jaiswal.

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Q. Aapke pitaji ka naam?

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A. Swargeeya Viswanath Prasad.

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Q. Aap kaha se aaye hain?

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A. Padrauna se.

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Q. Vaha kiske yahan rah rahe hain?

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A. Mera makan hai, usi me rah raha hu.

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Q. Ye Aneeta, Vaibhav aur Vinayak kaun hain?

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A. Vaibhav aur Vinayak putra hain. Anita patni thi.

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Q. Ram Autar Gupta kaun hain?

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A. Vakeel sahab hain.

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Q. Ye aapke mitra hain?

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A. Ha mere mitra hain aur bahut achchhe adhivakta bhi hain.

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Q. Aapko kaun jabarjasti rakha hai?

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A. Vinayak aur Aneeta jabarjasti rakhe hain. Mere marji ke bagair agava karke rakhe hain. Kotwali se mujhko uthaya gaya hai.

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Q. Aap yahan pe apne aap kaise aaye hain?

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A. Mujhko laya gaya hai.

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Q. Kaun laya hai?

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A. Vaibhav ji aur hamare bhai lekar aaye hain.

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Q. Aap kiske paas rahna chahate hain?

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A. Sir ji ham to Ram Autar Gupta ji, vakeel sahab ke sath jana chahate hain.

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Q. Aap apne putra Vaibhav ke sath jana chahenge?

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A. Unke sath jaunga to ve surakshit nahi rakh payenge.

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At this stage, Mr. Ram Autar Gupta, the petitioner has been identified by Rajendra Kumar Jaiswal. The Court, accordingly, proceeds to record the statement of the petitioner, Mr. Ram Autar Gupta, verbatim :

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Q. Aapka naam?

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A. Ram Autar Gupta.

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Q. Aap kya karte hain?

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A. District Court, Kushinagar me Advocate hain.

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Q. Aapka ghar hai vahan pe?

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A. Kiraye pe rahte hain.

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Q. Aapke ghar me kaun kaun hain?

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A. Mai aur meri patni.

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Q. Aap Jaiswal Sahab ko apne sath rakhna chahte hain?

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A. Ha bas koi interfere na kare.

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Q. Aapko kisse dar hai?

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A. Vinayak se inke chhote bete se.

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From a perusal of the aforesaid statement of Rajendra Kumar Jaiswal, it is apparent that he is in illegal confinement of sorts of his wife Anita Devi, respondent no. 8 and his son, Vinayak Prabal, respondent no. 10. He wants to move out to his friend, Ram Autar but he says that he is not allowed to move out anywhere. It is also indicated by the petitioner that he has a threat perception to his life and limb from his wife and son, Vinayak Prabal, respondent no. 10, who may interfere with his liberty when he moves out or stays anywhere. Accordingly, the rule nisi is made absolute . Respondent-Rajendra Kumar Jaiswal, the detenue is ordered to be set at liberty forthwith and he shall be free to go wherever he likes and stay with whomsoever he wants. Since he has indicated his desire to stay with the petitioner, who has also indicated his inclination to have his company, he is free to do so.

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In the circumstances of the case, it is ordered that the S.S.P., Prayagraj shall provide necessary police escort to convey Rajendra Kumar Jaiswal to Padrauna in safety and security. The S.P., Kushinagar at Padrauna is ordered to ensure that no one interferes with the liberty of Rajendra Kumar Jaiswal and shall further ensure that he stays at the place of his choice, wherever he wants.

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The writ petition is allowed.

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Let this order be communicated to the S.S.P., Prayagraj and the S.P., Kushinagar at Padrauna by the Joint Registrar (compliance) forthwith .

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Order Date :- 17.9.2020

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BKM/-

Ram Autar Gupta and Another v. State of U.P. and 9 Others

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Ram Autar Gupta and Another v. State of U.P. and 9 Others

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