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Allahabad High Court · body

2015 DIGILAW 2150 (ALL)

Shaheena v. State of U. P.

2015-07-28

VIPIN SINHA

body2015
JUDGMENT Vipin Sinha, J. In the present case, the statement of corpus Shaheena was recorded earlier wherein she has stated as also mentioned in the order that she is not recording the statement under any influence; she has come with her parents to this Court and she wants to go back along with her parents to her parental house. 2. In view of aforesaid statement of Shaheena an order was passed/dictated in open Court and the present habeas corpus writ petition was dismissed. The order passed earlier is as under: "Counter affidavit on behalf of respondent nos. 4 to 8 filed in Court today, is taken on record. In compliance of the order of this Court dated 19.05.2015, Shaheena petitioner no. 1 has been produced before this Court. On being inquired from Shaheena as to who has brought her to the Court, she informs that she is residing in her parental house and she has been brought to this Court accompanied by her mother and father who are present in Court today. On being further inquired as to where and with whom she does want to go back, she informs that she want to go back in her parental house along with her mother and father. On being further asked as to whether she was under some pressure or undue influence to which she answered no. It is not disputed by any of the parties that Shaheena (the corpus) petitioner no. 1 is an adult and major and as such she is free to go wherever she wants to go and reside with whom whatsoever she wants to reside and no hindrance can be caused in her such movement. In view of the aforesaid, the present habeas corpus writ petition is, accordingly, dismissed. However, the amount of Rs. 20,000/- which has been deposited by petitioner no. 2 by means of the bank draft in favour of petitioner no.1 in the registry of this Court shall now be released forthwith in favour of petitioner no. 1 after due verification." 3. However, at about 03.30 p.m., some members of Bar led by Mrs. Monika Vaish informed this Court that the girl in question Shaheena is sitting in the Ladies Chamber, within the High Court Premises, and she has informed Mrs. 1 after due verification." 3. However, at about 03.30 p.m., some members of Bar led by Mrs. Monika Vaish informed this Court that the girl in question Shaheena is sitting in the Ladies Chamber, within the High Court Premises, and she has informed Mrs. Monika Vaish as well as other lady Advocates, who were there, that the statement made by her in the present case in the open Court was not of her own choice or her free will and that she was extended a threat that in case she does not make this statement, her husband would be kidnapped and taken away. 4. In view of the said information received from the Members of the Bar through Mrs. Monika Vaish, the lady in question Shaheena was summoned from the Ladies Chamber under police protection to the Court again and in the presence of learned counsel for both the sides. The statement is being recorded again at about 3: 45 p.m. On being confronted with her earlier statement Shaheena has replied that: " Hkfo"; esa esjs ifjokj ls [krjk gS] izksVsDlu fn;k tk;sA " On being further inquired as to where she wants to go, to which she replied as under: " vius glcSaM ds lkFkA " Petitioner no. 2 Mohd. Javed is present in the Court and he has been identified by the corpus Shaheena as her husband. " " 5. Mohd. Javed, who is present in the Court, has also identified Shaheena as his wife. Both the petitioners have expressed grave apprehension with regard to the security in view of the fact that a large number of members have come from the side of the parents of the Shaheena. 6. In view of the aforesaid statements of the petitioners who are present in the Court today and the circumstances of the case, this Court hereby cautions respondent nos. 4 to 8 and reiterates that all the respondents are under a caution of this Court that in case any hindrance whatsoever is caused with regard to the free movement of petitioner nos. 1 and 2, this Court will take serious action against all the respondents or whoever the person is causing the hindrance. 7. For the meantime, it is provided that petitioner nos. 1 and 2 shall be taken from this Court premises in police custody to the office of Court Officer of this Court. 8. 1 and 2, this Court will take serious action against all the respondents or whoever the person is causing the hindrance. 7. For the meantime, it is provided that petitioner nos. 1 and 2 shall be taken from this Court premises in police custody to the office of Court Officer of this Court. 8. Registrar General of this Court shall coordinate with the district police for the safe journey of the couple petitioner nos. 1 and 2 from Allahabad High Court to Aligarh. 9. It is expected that the Registrar General of this Court as well as police administration of Allahabad shall take all necessary steps so that no untoward incident or untoward happening occurs with regard to the petitioner nos. 1 and 2. 10. However, the amount of Rs. 20,000/- which has been deposited by petitioner no. 2 by means of the bank draft in favour of petitioner no.1 in the registry of this Court shall now be released forthwith in favour of petitioner no. 1 after due verification. With the above direction, the habeas corpus writ petition is disposed off. Let a copy of the order be supplied to the office of Government Advocate and the office of Additional Advocate General, free of cost, today.