Petitioner filed a habeas corpus petition seeking release of his daughter who claimed apprehension of violence. Court found she resides voluntarily with paternal relatives; no illegal detention established; petition disposed of without further orders.
No further orders called for; petition disposed of.
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.
PANKAJ KUMAR -1- 2020.07.14 15:51 I attest to the accuracy and integrity of this document
CRWP No.3941 of 2020
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
CRWP No.3941 of 2020 Date of Decision.08.07.2020
Bablu Singh
...Petitioner
Vs
State of Punjab and others
...Respondent
CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR
Present: Mr. Sunil Kumar Dhanda, Advocate for the petitioner.
Ms. Bhavna Gupta, AAG, Punjab.
-.-
JAISHREE THAKUR J. (ORAL)
This is a petition that has been filed under Article 226 of the Cosntitution of India for issuance of a writ in the nature of Habeas Corpus directing respondents No.2 & 3 to release the detenue namely Kammo Kaur @ Manju i.e. daughter of the petitioner herein from illegal and wrongful custody of respondents No.4 to 7.
Notice of the said petition was issued to the State of Punjab and a Warrant Officer was appointed to visit the premises of respondents No.4 and 7 and to release the detenue in case she is found to be illegally detained by them.
Pursuant to the said notice, a status report has been filed by the Warrant Officer wherein it has been stated that he visited the premises of respondent No.5 where the alleged detenue namely Kammo Kaur @ Manju was found present. He recorded her statement wherein she disclosed that she has apprehension of her life and liberty at the hands of her father i.e. the petitioner herein and therefore, she does not want to return to her parental home. She further stated that she is living with respondents No.4 & 5 with
CRWP No.3941 of 2020
-2-
her own free will, who are none other but her real sister and brother-in-law.
I have heard learned counsel for the State and have also perused the status report as filed. In view of the fact that the alleged detenue is residing with her sister and brother-in-law i.e. respondents No.4 and 5 in the instant petition with her own volition, she cannot be said to be confined in illegal and wrongful custody and therefore, no further orders are called for in the instant petition.
Disposed of accordingly.
(JAISHREE THAKUR) JUDGE
July 08, 2020 Pankaj*
Whether speaking/reasoned Yes/No Whether reportable Yes/No
2 issues framed by the court
Whether habeas corpus writ can be issued when the detenue is residing with family members of her own free will.
Whether the party is in illegal custody given that she lives with her sister and brother-in-law voluntarily.
1 provisions across 1 enactments
Bablu Singh
State of Punjab
Kammo Kaur @ Manju
Jaishree Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
