Petitioner sought production of her niece Sapna Chauhan alleged to be illegally detained in a rehabilitation center. The Court found the allegations false after medical report confirmed the niece is an addict. The Court dismissed the petition as not pressed by the petitioner.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
MS RAMA RANI ..... Petitioner Through Mr.Kunal Sachdeva & Mr.Akhilesh, Advs.
versus
STATE OF NCT OF DELHI & ORS ..... Respondents Through Mr.Rahul Mehra, Standing Counsel (Crl.) with Mr.Tushar Sannu, Adv. for the State along with Insp. Krishan Pal Tomar, SHO and SI Subhash Chand, PS Lajpat Nagar, in person.
CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL
G.S.SISTANI, J ( ORAL )
W.P.(Crl.) 3623/2016
Page 1 of 5
“Matter has been listed upon mentioning before DB-II. We find this petition to be void of any particulars. We find although averment has been made that the petitioner approached the Police but no copy of the complaint has been placed on record. We also find that the averments are not supported by any material to show how the petitioner has learnt that Sapna Chauhan, the daughter of the respondent No.2 and sister of respondent No.3, has been illegally detained and/or admitted to some rehabilitation centre.
Counsel for the petitioner seeks an adjournment. Counsel for the State enters appearance and states that he has not received the copy of the petition. On the notice of motion we find stamp of the Standing Counsel (Crl.) that copy has been received. Another copy has been supplied.
List on 20th December, 2016.”
“The petitioner has alleged that respondents No.2 & 3 are instrumental in disappearance of their 25 years old unmarried daughter. Further, as per the petition, the petitioner has learnt that she has been illegally detained in some rehabilitation centre.
Respondents No.2 & 3 are present in Court. They submit that their daughter/sister is addicted to drugs and any other form of intoxicants. In the past, including her late father other members of the family have suffered violence at her hands. Repeated calls have been made by them to the police in this regard. Faced with such a situation, respondent No.2 who is the mother and a widow
W.P.(Crl.) 3623/2016
Page 2 of 5
submits that she has admitted her daughter to a De-addiction Centre by the name of Sukun Foundation Rehabilitation Centre for Female at Rohini. Respondent No.2 further submits that the petitioner, who is her sister-in-law, has filed this petition only to further harass her, as she has an eye on the property where the petitioner and respondent No.2 are residing.
The SHO is present in Court. SI Subhash Chander submits that frequent calls are received from respondent No.2 and he is also aware about the addiction of the daughter of respondent No.2. Status report has been filed.
We direct production of Sapna Chauhan before this Court from Sukun Foundation Rehabilitation Centre for Female at Rohini. We make it clear to the petitioner that in case this Court reaches at a conclusion that the mother has acted in the bonafide interest of her daughter and Sapna Chauhan has a history of being an addict, the Court may impose cost upon the petitioner for filing a frivolous petition.
List on 22.12.2016 when Sapna Chauhan shall be produced in Court. Additional status report will be filed by the police. A responsible officer of Sukun Foundation Rehabilitation Centre for Female at Rohini will also remain in Court along with the records of Sapna Chauhan.
Dasti , under the signatures of the Court Master.”
“Sapna has been produced from the de-addiction centre, Sukun Foundation Rehabilitation Centre, Rohini. We have interacted with Sapna in the Chamber in the presence of Ms.Vani and Ms. Jyoti Taneja, Advocates and also in the presence of Mr. Rahul Mehra, learned Standing Counsel. Ms. Shipra Bansal, Director, Sukun Foundation Rehabilitation Centre, Rohini is also present in Court. We have also perused the original file produced by her.
W.P.(Crl.) 3623/2016
Page 3 of 5
Prima facie, we feel that sufficient material is on record to justify her mother admitting Sapna to the Rehabilitation Centre. Sapna states that she is perfectly normal and does not indulge in drugs or any other form of intoxicant. As suggested by learned counsel for the petitioner, we request Dr. Nimesh G. Desai, Director, IHBAS to examine Sapna. We may note that the medical case file of Sapna from Sukun Foundation Rehabilitation Centre shall be sent to IHBAS. The report from IHBAS shall be sent to this Court in a sealed cover. We request the Director, IHBAS to give his opinion before the next date of hearing unaffected by any observations of the previous reports which have been produced to enable IHBAS to be acquainted with the facts. Copy of the order dated 20.12.2016 and the order passed today shall be brought to the notice of the Director, IHBAS.
List on 03.01.2017.”
W.P.(Crl.) 3623/2016
Page 4 of 5
G.S.SISTANI, J.
VINOD GOEL, J.
JANUARY 03, 2017/ka
W.P.(Crl.) 3623/2016
Page 5 of 5
3 issues framed by the court
Whether the petitioner has the right to production of Sapna Chauhan after finding her petition was false.
Whether the disposal of the petition stands as the alleged disappearance was not genuine.
Whether the withdrawal of the petition takes effect and dismissal is appropriate.
Ms Rama Rani
State of NCT of Delhi
Sapna Chauhan's Mother
Sapna Chauhan's Brother
G.S. Sistani
Vinod Goel
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
