Disposed

Anupama B S v. Union of India

Karnataka HC13 Mar 2024WP/4463/2024

Case brief

AI extract

What is this about?

This petition filed under Articles 226 and 227 sought directions to verify the whereabouts of a petitioner's relative detained in the USA. The Court directed the LG of India to contact consulates, which established the citizen was in protective custody and had legal access. Satisfied with the updates, the Court disposed of the petition.

What did the court decide?

The writ petition was disposed of, and liberty was granted to the petitioner to knock at the Court's doors in the event of a need for further assistance.

Anupama B S Vs Union of India — Constitutional and Fundamental Rights | Karnataka HC (2024)

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NC: 2024:KHC:10324 WP No. 4463 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO. 4463 OF 2024 (GM-RES)

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BETWEEN:

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ANUPAMA B S D/O SRINIVASAMURTHY K G AGED ABOUT 55 YEARS RESIDING AT NO.1291, 3^RD CROSS 17^TH MAIN ROAD , MUNESHWARA BLOCK, BANGALORE SOUTH, BANGALORE KARNATAKA 560026

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…PETITIONER

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(BY SRI. MOHAN KUMARA D., ADVOCATE)

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AND:

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS REPRESENTED BY ITS SECRETARY NEW DELHI - 110001

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NATIONAL CENTRAL BUREAU (INTERPOL) GENERAL SECRETARIAT OF THE ICPO-BLOCK NO.4 CGO COMPLEX, LODHI ROAD NEW DELHI - 110003 (REP. BY ITS GENERAL SECRETARIAT)

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THE STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS REP. BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE - 01

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…RESPONDENTS (BY SRI.SHANTHI BHUSHAN H., DSGI, FOR R1 AND 2; SRI. RAHUL CARIAPPA K.S., AGA FOR R3)

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2 - NC: 2024:KHC:10324 WP No. 4463 of 2024

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) DIRECTING THE R1 TO CONSIDER THE REPRESENTATION OF PETITIONER DATED 10/02/2024 VIDE ANNEXURE-A WHEREIN THE PETITIONER HAS SOUGHT FOR VERIFICATION OF DETENUS ARREST AND TO PROVIDE INFORMATION ABOUT HIS CURRENT SITUATION AND RESCUE HIM FROM ALL THE LEGAL COMPLICATIONS THAT WOULD ARISE IN CONNECTION WITH HIS CASE IN THE US STATE AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING - 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus to consider the representation submitted by the petitioner on 10.02.2024 seeking information about one Siddaraju Vinay Sagar, who is said to have gone missing in the United States of America.

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Heard the learned counsel Sri.Mohan Kumara D., appearing for the petitioner and the learned Deputy Solicitor General of India, Sri.Shanthi Bhushan H., appearing for respondent Nos.1 and 2 and the learned Additional Government Advocate, Sri.Rahul Cariappa K.S., appearing for respondent No.3.

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NC: 2024:KHC:10324 WP No. 4463 of 2024

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The petitioner is knocking at the doors of this Court on a very strange circumstance. She is the aunt of one Siddaraju Vinay Sagar. Siddaraju Vinay Sagar at the relevant

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point in time was a resident of George Hill, Philadelphia, Pennsylvania. He was said to be a resident in apartment complex with a roommate by name Prabhakar. Prabhakar becomes an accused in a complaint registered by a girl of United States. The allegation is against Prabhakar, who is absconding. It is then, when Siddaraju Vinay Sagar was wanting to return to India, he is intercepted and taken into custody, by the US police on 01.02.2024 for the reason that he was in association with Prabhakar. After he was taken to custody, his whereabouts are not known. All efforts made by

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the family to know the whereabouts of Siddaraju Vinay Sagar, turned futile. It is therefore, the petitioner is before this Court.

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It is the case of the petitioner, that lack of communication has led to no legal assistance being provided to Siddaraju Vinay Sagar. Representations were submitted by the petitioner seeking information have all gone unheeded and current situation of Siddaraju Vinay Sagar is not known. The

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NC: 2024:KHC:10324 WP No. 4463 of 2024

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petitioner on loosing hope, is at the doors of this Court. This Court, directed learned Deputy Solicitor General of India, Sri.Shanthi Bhushan H., to get in touch with the Indian consulate and the consulate of the United States of America in India and get to know the information about Siddaraju Vinay Sagar. The strenuous efforts of the learned Deputy Solicitor General of India, Sri.Shanthi Bhushan H., and the Union of India have led certain communications between the respective consulates.

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The mail trail is placed before this Court by way of a memo by the learned Deputy Solicitor General of India. I deem it appropriate to quote the mail trail. The mail trail is as follows:

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"SHANTHI BHUSHAN Mon,Feb 12,2024 at 6:00 PM To: [email protected]

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Sir/Madam,

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The above subject matter is filed in India before the High Court of Karnataka @ Bangalore, seeking to rescue Kethaganahalli Siddaraju Vinay Sagar, a resident of George Hill, Correctional Facility, 500 Cheyeny Road, Glen Mills, PA 193234, Philadelphia, Pennsylvania, as such it is requested to direct the concerned to issue instructions at the earliest, the matter is listed tomorrow (13/2/2024). The copy of the petition along with annexures are hereby attached.

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5 - NC: 2024:KHC:10324 WP No. 4463 of 2024

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SHANTHI BHUSHAN Tue, Feb 13, 2024 at 2:31 PM To: [email protected], [email protected]

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Sir/Madam,

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The copy of the petition along with annexures are hereby attached.

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W.P.F.R NO.4502 OF 2024 (ANUPAMA VS U.O.I)

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Bibhuti Nath Pandey Tue, Feb 13, 2024 at 4:06 PM To:[email protected]

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Dear Sir,

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Kindly refer to the trailing email regarding the writ petition filed in respect of Mr. Kethaganahalli Siddaraju Vinay Sagar.

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Our Consulate in New York made several attempts to contact Mr. George Hill, Correctional Facility, 500 Cheyeny Road, Glen Mills, PA 193234, Philadelphia, Pennsylvania, for consular access to meet Mr. Kethaganahalli Siddaraju Vinay Sagar and get the case details as well as to ensure his well-being. However, despite repeated attempts, the Consulate did not get the response from the correctional facility. Hence, the Consulate has reached out to the Office of Foreign Missions in New York seeking the State Department's intervention in securing consular access urgently. Our Embassy and Consulate are pursuing the matter with the American side constantly. Once we get the consular access/case details from the US authorities, we will update accordingly.

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The above facts may please be brought into the kind attention of Hon'ble High Court.

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NC: 2024:KHC:10324 WP No. 4463 of 2024

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SHANTHI BHUSHAN Tue, Feb 13, 2024 at 4:31 PM

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To: Bibhuti Nath Pandey [email protected]

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Sir/Madam

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With regard to the trailing mail, deeply appreciate the timely response, the petition was listed today and the matter is posted for 16/2/2024 as such it is requested to update the status by 15/2/2024.

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Bibhuti Nath Pandey Thu, Feb 15, 2024 at 2:17 PM To: [email protected]

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Dear Sir,

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Kindly refer to the trailing emails.

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As the hearing is scheduled for 16.2.2024, further updates on the matter are as under:

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Our Consulate in New York has been able to establish contact with the concerned authorities at George W Hill Correctional facility in Philadelphia. It was confirmed by the US authorities that Mr. Kethaganahalli Siddaraju Vinay Sagar is being held at the correctional facility, due to an outstanding warrant against him in Castle Rock, Colorado. Consulate has again requested for Consular access/case details. We will apprise you of the further developments in the case upon its receipt.

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This may kindly be brought to the notice of the Hon'ble Court and any decision/order passed in this regard may please be shared with us.

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SHANTHI BHUSHAN Thu, Feb 15, 2024 at 5:55 PM To:Bibhuti Nath Pandey

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Sir/Madam

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With regard to the trailing mail, deeply appreciate the timely response, Sir will update the developments to the

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NC: 2024:KHC:10324 WP No. 4463 of 2024

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Hon'ble Court and seek some more time to place the further developments.

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Bibhuti Nath Pandey Fri, Feb 23, 2024 at 5:40 PM

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To: [email protected]

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Dear Sir,

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Kindly refer to the trailing email.

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Please update us on the court proceedings scheduled for 16.2.2024 in the Hon'ble High Court.

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SHANTHI BHUSHAN Fri, Feb 23, 2024 at 8:11 PM To:Bibhuti Nath Pandey [email protected] Cc: VANI RAO [email protected]

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Sir/Madam

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With regard to the trailing mail, the matter was supposed to be listed today however due to the Hon'ble Judge not sitting today, the said matter has not come up before the Hon'ble Court, it may be listed next week. It is also requested to kindly update further developments so that I can place the same before the Hon'ble Court.

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SHANTHI BHUSHAN Wed, Feb 28, 2024 at 11:11 AM To:Bibhuti Nath Pandey [email protected] Cc: VANI RAO <į[email protected]>

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Sir/Madam,

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With regard for the trailing mail, it is requested to pls let me know the status of Vinay Sagar, the matter is listed today before the Hon'ble Court.

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8 - NC: 2024:KHC:10324 WP No. 4463 of 2024

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Bibhuti Nath Pandey Wed, Feb 28, 2024 at 11:34 AM To: [email protected] Cc:VANI RAO [email protected]

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Dear Sir,

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Hon'ble Court may be apprised as intimated earlier. We are awaiting further update on the matter from our Consulate and will convey upon receipt.

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Bibhuti Nath Pandey Fri, Mar 1, 2024 at 11:50 AM To:[email protected]

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Dear Sir,

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This is in continuation of our trailing email.

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Our Consulate in New York got consular access for Mr. Vinay Sagar Kethaganahalli Siddaraju. Mr. Sagar informed that he had a virtual court hearing in the first week of February 2024. The court informed that the next date of hearing is March 6, 2024.

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He was also informed by the court that he would likely be transferred to Denver. He said a girl had charged him with sexual assault (with weapon and strangulation) in Denver. He denied the charges. Mr. Vinay requested for vegetarian food. Consulate has reached out to George Hill Correctional Facility requesting vegetarian food to be provided to Mr. Vinay.

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Kindly share a copy of the order/judgement, if any, passed by the Hon'ble Court on the matter on February 28, 2024.

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_________________________________________________ SHANTHI BHUSHAN Sat, Mar 2, 2024 at 4:38 PM To: Bibhuti Nath Pandey

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9 - NC: 2024:KHC:10324 WP No. 4463 of 2024

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Sir/Madam,

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Thankyou so much, we appreciate the prompt response, the status will be informed to the Hon'ble Court, it is further requested to pls keep me informed of the next course of action taken by your good office for the release of Mr. Sagar.

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Bibhuti Nath Pandey Tue, Mar 12, 2024 at 10:05 AM To:[email protected]

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Dear Sir,

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Please refer to the trailing email regarding Mr. Vinay Sagar Kethaganahalli Siddaraju. It seems that the next hearing is scheduled for March 13, 2024.

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We have received the following updates:

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"Mr. Vinay has been transferred from Philadelphia, Pennsylvania to Douglas County Detention Centre, Castle Rock, Colorado on February 29, 2024.

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Our Consulate in Houston has reached out to Douglas County Detention Centre was able to establish contact with them on 6 March 2024 for obtaining Consular access to Shri Vinay. It was confirmed by them that he is being held in the Detention Centre under protective custody due to Sexual assault crimes committed by him. On the same day, after much persuasion, Consular access was granted and the Consular Officer was able to speak with Shri Vinay over phone.

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From the interaction with him, it is observed that he is in good health and having food and he has been allowed two hours each day for his personal work. During that time, he is able to speak with his parents for about 15 minutes. His aunt, Anupama in Bangalore was also contacted by our Consulate on 7 March, 2024 and was conveyed the well-being of her nephew in Detention Centre. From the interaction with her, it is understood that they are

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NC: 2024:KHC:10324 WP No. 4463 of 2024

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engaging a local lawyer in Colorado to cater to Shri Vinay's legal requirements."

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The above may be brought to the notice of Hon'ble Court suitably please. “

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The mail trail began on 12.02.2024, when a communication was made pursuant to the orders passed by this Court seeking to rescue Siddaraju Vinay Sagar, a resident of George Hill, Philadelphia, Pennsylvania and requested that the instructions be given at the earliest, as the matter was pending before this Court. Immediate response comes about from the consulate to the learned Deputy Solicitor General of India, Sri.Shanthi Bhushan H., is what can be gathered from the afore-quoted mail trail.

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The allegation against Siddaraju Vinay Sagar is that he had tried to sexually abuse and assault a lady. This had led to him being taken to a protective detention center in Huston, United States, and later to the Douglas County Detention Center in Huston. The consular access is also given to Siddaraju Vinay Sagar and it is confirmed that he is in the detention center under Protective custody, for sexual assault

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NC: 2024:KHC:10324 WP No. 4463 of 2024

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committed by him. The assault committed by him was using weapons and strangulating a lady, in the State of Denver. The mail trail would further indicate that after consular access was granted, the Consular Officer also spoke to Siddaraju Vinay Sagar, over the phone and Siddaraju Vinay Sagar was able to speak to his parents, his aunt- the petitioner. It is informed that Siddaraju Vinay Sagar is given food that he has been asking for. It is also informed that he would be given permission to engage a services of a local lawyer, in Colorado and to cater Vinay's legal requirements.

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The mail trail indicates the agony of the petitioner that Siddaraju Vinay Sagar has gone missing in the United States and no longer subsists. He has been traced and being legally dealt with for a crime that he has allegedly committed in United States of America. The petition need not be detained any more, in the light of the aforesaid trail of mail and the aforesaid observations.

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The learned counsel for the petitioner would submit that the petitioner is satisfied with the information that is received and would further seek liberty to knock at the doors of

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NC: 2024:KHC:10324 WP No. 4463 of 2024

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this Court, in the event of the need. In that light, I deem it appropriate to dispose the writ petition granting the afore sought liberty to the petitioner. It is appreciable to notice that the cry of an Indian Family is answered and the rights of an Indian citizen residing overseas is protected by the Union of India – Ministry of External Affairs by its swift and immediate action of tracing the citizen on the soil of the United States of America.

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The efforts of the learned Deputy Solicitor General of India, Sri.Shanthi Bhushan H., through the Ministry of External Affairs are placed on record with deep appreciation, but for the efforts taken, the petitioner would not have known the whereabouts of Siddaraju Vinay Sagar.

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With the aforesaid observations, granting the liberty

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as sought , the writ petition stands disposed.

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Sd/JUDGE

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Anupama B S v. Union of India

Case brief

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Anupama B S v. Union of India

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