The court dismissed a habeas corpus petition seeking release of a minor. It found the child's age was 17 months confirmed by a medical test, and custody was legally granted to parents via Child Welfare Committee orders, not an illegal detention remedy raised under the Juvenile Justice Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 48
Case :- HABEAS CORPUS WRIT PETITION No. - 129 of 2021
Petitioner :- Longshree and another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sarvajeet Singh Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State - respondents.
This writ petition has been filed praying for the following relief :-
"Issue a writ, order or direction of Habeas corpus be issued to the private respondents and the other respondents authorities be directed to ensure that the corpus is produced before this Hon'ble Court and be set her liberty forthwith."
There was conflicting educational certificate and, therefore, a medical test of the corpus was carried in which her age was found to be about 17 years, as evident from the order of the Child Welfare Committee, dated 05.01.2021. By the aforesaid order the Child Welfare Committee, given custody of the corpus - petitioner no.2 to her parents as per their demand. The order of the Child Welfare Committee, dated 02.12.2020 and 05.01.2021 are not under challenge in the present writ petition. That apart, against the aforesaid orders the petitioners have a remedy of appeal under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
In view of the aforesaid, it can not be said that the corpus - petitioner no.2 is under illegal detention.
In view of the aforesaid, we do not find any merit in this writ petition. Consequently, the writ petition fails and is hereby dismissed .
Order Date :- 8.2.2021/vkg
2 issues framed by the court
Whether the child is under illegal detention.
Whether a habeas corpus petition is maintainable against the orders of the Child Welfare Committee.
Longshree and another
State Of U.P.
Surya Prakash Kesarwani
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
