JUDGMENT : Jahangir Jamshed Munir, J. 1. In compliance with the rule nisi-issued by this Court vide order dated 24.8.2020, the learned Chief Judicial Magistrate, Jaunpur nominated a lady Judicial Officer to go over to the residence of the detenue, Smt. Prabhawati Devi, who stays with her other daughter Manju Devi Dubey and to record her statement. This rule nisi was issued to ascertain whether Smt. Prabhawati is staying with respondent No. 2, Manju Devi Dubey of her free will or she is illegally confined. 2. This modified rule was issued looking to the extraordinary circumstances prevalent due to Covid-19 pandemic. Normally, this Court, under the prevalent circumstances, would have required Smt. Prabhawati Devi to be produced before the learned Chief Judicial Magistrate of some other Judicial Officer, who would be asked to record her statement, acting on this Court's Commission. The Commission; here was, however, modified to ask a lady Judicial Officer nominated by the learned Chief Judicial Magistrate to go over to the residence of Smt. Prabhawati Devi, considering her extreme old age which would imperil her life if she were forced to be produce in Court. 3. In compliance with the Court's order, the learned Chief Judicial Magistrate, Jaunpur nominated Smt. Sneha, Judicial Magistrate-II, Jaunpur to execute the Commission issued by this Court. The learned Chief Judicial Magistrate has sent a copy of the statement of Smt. Prabhawati Devi through electronic mode recorded by the learned Judicial Magistrate on 26.8.2020 at the former's residence. 4. It must be remarked that the Judicial Officer has gone about the exercise very carefully and has done a remarkable effort. She has gone over to the residence of Smt. Prabhawati, who stays with her other daughter, Manju Devi Dubey and ascertained her identity very carefully. Thereafter she has recorded the fact that Smt. Prabhawati Devi is very old and hard of hearing. The learned Judicial Magistrate has also ascertained whether her mental faculties are good enough to understand what she is being asked.
Thereafter she has recorded the fact that Smt. Prabhawati Devi is very old and hard of hearing. The learned Judicial Magistrate has also ascertained whether her mental faculties are good enough to understand what she is being asked. Once satisfied, the learned Judicial Magistrate has proceeded to record Smt. Prabhawati's statements which is in the following words: ^^eq>s esjh mez ugha ekywe gSa ¼eatw nsoh dh rjQ b'kkjk dj dgk½ ;s esjh fcfV;k gSA e/kqckyk esjh csVh gS] eq>s T;knk /;ku ugha gSA eS eatw nsoh ds lkFk dc ls jg jgh gwW eq>s /;ku ugah gSA eSa eatw ds lkFk viuh ethZ ls jg jgh gwWA e/kq ds ikl ugh tkamXkh] vius dejs esa tkmaxhA e/kq dk fc;kg eSus xksikyiqj esa fd;k FkkA e/kq ds ikl cgqr o"kZ igys x;h Fkh vc ugh tkuk gSA eatw esjh lsok djrh Gsa lqudj rLnhd fd;kA izHkkorh nsoh }kjk cksys tkus ij v{kjl% vafdr fd;k x;kA Sneha 26/08/2020 JM-IInd Jaunpur" 5. The aforesaid statement does not spare a shadow of doubt that the second petitioner, Smt. Prabhawati' Devi is staying with her other daughter Smt. Manju Devi Dubey of her free will and without any restraint. She is not confined there, much less illegally confined. There is, therefore, no good ground to make the rule nisi absolute. The rule is discharged and this petition is dismissed. This Court places on record its appreciation for the excellent work done by Smt. Sneha, Judicial Officer-II, Jaunpur. Let this order be communicated to the learned District Judge, Jaunpur by the Joint Registrar (compliance) within 24 hours.