Disposed

Arsadi Khatoon v. State

Delhi HC21 Feb 2024W.P.(CRL)/516/2024

Case brief

AI extract

What is this about?

In a Habeas Corpus petition filed under Article 226, the petitioner sought production of her minor son rescued from child labour. The court noted the child was sheltered at a Mukti Ashram and allowed the petitioner to move the Child Welfare Committee for custody, disposing of the writ without further orders.

What did the court decide?

Petitioner allowed liberty to move appropriate application before CWC for custody of minor son; no further order required.

Arsadi Khatoon Vs State — Child Custody and Guardianship | Delhi HC (2024)

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$~20

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of decision: 21^st February, 2024

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W.P.(CRL) 516/2024 ARSADI KHATOON ..... Petitioner Through: Mr. M.K. Sahu, Advocate.

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versus STATE ..... Respondent Through: Mr. Sanjay Lao, Standing Counsel with Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and Mr. Shivesh Kaushik, Advocates with Inspr. Rupesh Kumar, SHO Sarojini Nagar, SI Vivek Singh, PS Sarojini Nagar.

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CORAM:

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HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE MANOJ JAIN

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J U D G M E N T (oral)

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Present petition has been filed as Habeas Corpus under Article 226 of the Constitution of India seeking directions to the respondent to produce the rescued son of the petitioner.

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Petitioner as well as the maternal uncle of the rescued boy are present in Court.

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Issue notice. Notice is accepted by learned Standing counsel for the State. Learned Standing Counsel has handed over status report

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W.P.(CRL) 516/2024

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Page 1 of 3

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Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 3.02.2024 11:00:58

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dated 21.02.2024 in Court. The same is taken on record.

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As per the status report dated 21.02.2024, a rescue operation was conducted by SDM, Vasant Vihar with Bachpan Bacho Andolan, Bal Vikas Dhara and Labour Deptt. and Police Staff of PS Sarojini Nagar. During the said operation, six children were rescued who were involved in “Child labour activities” at Sarojini Nagar Market, New Delhi and all the rescued children are stated to be minor. As per status report, out of the six children, two had come to attend the marriage function and they were released from office as they had shown the marriage card. Remaining four (including the son of the petitioner) were handed over to the Investigating Officer on behalf of SHO, Sarojini Nagar. Accordingly, on complaint of the Executive Magistrate, Vasant Vihar, FIR No.94/2024 dated 01.02.2024 was registered for the offence punishable under Sections 3/14 Child Labour Act, 75/79 JJ Act, 16/17/18 Bonded Labour System Act and 370 IPC at PS Sarojini Nagar and CWC was informed accordingly.

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As per the status report the rescued child of the petitioner aged 17 years was found working at a jewellery shop of one Sageer Alam.

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The rescued child in question is sheltered at Mukti Ashram Burari as per the directions of the CWC, Mayur Vihar, Delhi since no one seems to have approached CWC seeking his custody.

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Petitioner and her counsel have been apprised about the contents of the status report. Petitioner would be at liberty to move appropriate application before CWC, Mayur Vihar, Delhi seeking

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W.P.(CRL) 516/2024

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Page 2 of 3

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Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:2 3.02.2024 11:00:58

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custody of her minor son.

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