Mashuda Bibi Vs the Govt of NCT of Delhi and Anr. — Writ and Judicial Review | Delhi HC (2025)

Mashuda Bibi Vs the Govt of NCT of Delhi and Anr. — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Protective directions granted in lieu of the sought mandamus: periodic visits by the Beat Constable to the Petitioner at her younger son's residence and continued responsiveness to her distress calls (in consonance with the Maintenance and Welfare of Parents and Senior Citizens Act, 2007); SHO to file a status report two days before the next hearing; petition disposed of with pending applications, and review of the Petitioner's grievance listed for 09.05.2025.

Issue for consideration

Whether the Police of PS Bhalswa Dairy should be directed (by writ of mandamus) to protect the life and liberty of the Petitioner and her son.

Court's answer

The SHO and Beat Constable of PS Bhalswa Dairy are directed to ensure that periodic visits to the Petitioner at the residence of her younger son are made by the Beat Constable, and that they continue to remain responsive towards her distress calls, if any; this is stated to be in consonance with the scheme of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Ratio / Principle

The SHO is required to file a status report two days prior to the next date of hearing, as part of the Court's continuing oversight of the Petitioner's grievance.

Detailed headnote1 paragraphs

Delhi High Court, W.P.(CRL) 2826/2024, decided 06.02.2025 (Manmeet Pritam Singh Arora, J): Mashuda Bibi petitioned under Article 226 of the Constitution read with Section 482 CrPC seeking that the Police of PS Bhalswa Dairy protect her life and liberty and that of her son. Standing Counsel for State reported that the Petitioner now lives with her younger son, has been given the concerned SHO's and Beat Constable's numbers with instructions to respond to distress calls, and that Respondent No. 2 (her elder son) was presently not interfering with her peaceful existence; the Petitioner's counsel confirmed these facts. The Court directed the SHO and Beat Constable to ensure periodic visits by the Beat Constable to the Petitioner at her younger son's residence and continued responsiveness to her distress calls, observing this to be in consonance with the scheme of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007; ordered the SHO to file a status report two days prior to the next hearing; and disposed of the petition along with pending applications, listing review of the Petitioner's grievance for 09.05.2025.

$~33

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 2826/2024

MASHUDA BIBI .....Petitioner

Through: Mohd. Shajahan Islam, Adv.

versus

THE GOVT OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Sanjay Lao, Standing Counsel for State with Mr. Abhinav Kr. Arya, Adv. SI Chander Pal PS Bhalswa Dairy

CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 06.02.2025

This petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code, 1973 (Cr.P.C.) seeking following reliefs:

A. Issue appropriate writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction thereby directing Police of PS Bhalswa Dairy to protect the life and liberty of the Petitioner and her son.

Learned Standing Counsel states that Petitioner is now living with her younger son at his residence. He states that the number of the concerned SHO of PS Bhalswa Dairy and the Beat Constable has been given to her and they have been instructed to be responsive to any distress call from the Petitioner.

2.1 He states on instructions from the IO that presently Respondent No. 2, who is the elder son of the Petitioner has not been interfering in the peaceful

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:18:50

existence of the Petitioner. The said statement of Respondent No. 1 is taken on record.

Learned counsel for the Petitioner also confirms the aforesaid facts.

The SHO and Beat Constable are directed to ensure that periodic visits to the Petitioner at the residence of her younger son are made by the Beat Constable; and they continue to remain responsive towards her distress call, if any. This would also be in consonance with the scheme of Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The SHO will file a status report two days prior to the next date of hearing.

With the aforesaid directions, the present petitions stands disposed of along with pending application if any.

List for review of status of the grievance of the Petitioner on 09.05.2025.

MANMEET PRITAM SINGH ARORA, J

FEBRUARY 6, 2025/ hp/ sk

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Page 2 of 2

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/02/2025 at 15:18:50