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Gujarat High Court · body

2020 DIGILAW 635 (GUJ)

Rekhaben W/o Girishbhai Pravinbhai Padia v. State of Gujarat

2020-07-24

N.V.ANJARIA, SONIA GOKANI

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ORDER : 1. On 23.06.2020 an elaborate order came to be passed by this Court which is as follows:- “1. This is a petition preferred, seeking writ of habeas corpus on the ground that the corpus, studying in Standard-11 (Science), during her extra coaching class contacted respondent No. 4 and left home under his influence. At the time of incident, i.e. on 17.04.2019, the corpus was 15 years and 11 months of age. 2. Later on, she had presented herself before police authorities on 11.06.2019, when the police was making efforts to bring her back. Her custody was, then, handed over to her parents on 12.06.2019. She was, once again, found to be missing on 14/15.06.2019. It is alleged that the parents of respondent had abated in committing the offence under the POCSO Act. 3. This Court passed various orders, directing police authority to bring the corpus before it. The last such order was passed by this Court on 11.03.2020, which reads thus: “(1) Mr. Ronak Raval, learned Additional Public Prosecution, has submitted the report dated 09.03.2020 of the Superintendent of Police, Bhavnagar, which is taken on record. The said report is indicative of the steps taken by the police to trace out the corpus. (2) The said report of the Superintendent of Police, Bhavnagar, in a matter which is being investigated by the Police Inspector, Anti Human Trafficking Unit, states that despite all efforts, the corpus could not be traced out. It is to be noted that the corpus was taken away for the first time when she was only 15 years and 11 months old and even today, she is a minor. (3) Under the circumstances, the investigation into the case shall henceforth be carried out by the Superintendent of Police, Bhavnagar. He shall be at liberty to constitute his own team, which shall make intensive efforts to trace out the corpus. The investigating team shall take assistance of the Cyber Cell or any other agency and shall follow the dictum of the Apex Court in the case of Bachpan Bachao Andolan vs. Union of India and Others, (2011) 5 SCC 1 . In the event of not getting a breakthrough, the court may be constrained to pass appropriate further orders in the matter. (4) Ms. In the event of not getting a breakthrough, the court may be constrained to pass appropriate further orders in the matter. (4) Ms. Rekha Kapadia, learned advocate for respondent No. 6, assures of all possible help to the police authority through the mother, who has married, after divorcing the father of respondent No. 4. (5) S.O. to 30.03.2020.” 4. Today, the corpus is present before this Court through video conference, arranged at District Court, Bhavnagar, in the presence of the learned Principal District Judge. After the stringent efforts made by the police and Antihuman Trafficking Cell, the corpus is found and unfortunately, the girl, who is just 17 years old is carrying a child aged three months, who is, according to the corpus, the child of respondent No. 4. 5. During the course of video Conferencing, she insisted on joining respondent No. 4 or any other relatives of his. Further, considering her minority, since, her consent is of no value and her refusal to join her parents, who are in enormous distress, we deem it appropriate to direct her to be taken to the Women Protection Centre. It is also necessary for cooling down period, as, at present, she appears to be under enormous influence of respondent No. 4. 6. It is proposed by the IO, Mr. Rabari and seconded by the learned PDJ to send her to Tapibai Women Protection Home, Bhavnagar. 7. It is given to understand that Covid-19 virus test of both the corpus as well as of her daughter has come negative. Learned PDJ also has confirmed that there is no Covid-19 patient at Tapibai Women Protection Home. Therefore, there is no likelihood that the safety of the corpus and her daughter may be jeopardized. 8. We, therefore, deem it appropriate to direct the corpus to be taken to Tapibai Women Protection Home, Bhavnagar. Further, if, she does not have the clothes and other belongings, let the same be ARRANGED by learned PDJ deputing a responsible lady staff member from the grant under the Legal Services Authority Act and provide the same to her at the earliest. It shall also be ensured that requirements of the corpus and the child shall be looked after by the Women Protection home. 8.1 If, the parents of the girl are desirous of visiting the corpus, with her consent, they shall be permitted to meet her. It shall also be ensured that requirements of the corpus and the child shall be looked after by the Women Protection home. 8.1 If, the parents of the girl are desirous of visiting the corpus, with her consent, they shall be permitted to meet her. 8.2 If, any of the relatives of respondent No. 4 seeks to meet the corpus, without the prior permission of SP, Bhavnagar, the same shall not be permitted. 8.3 Every week, a responsible lady officer of the District Court, Bhavnagar, accompanied by a lady police officer shall pay visit to the corpus so that her welfare could be known and if, she has any difficulty, the same can be attended to. 8.4 Let the corpus be produce before this Court, on the next date. S.O. to 24TH JULY, 2020.” 2. We have been also shared the report sent by learned Principal District Judge, Bhavnagar which is indicative of the fact that a lady staff has been deputed who has already visited the corpus. All necessary care has been taken of the corpus and her child. She has no complaint at the Women Protection Home where she has been kept with her child. 3. Today the corpus has been presented through video Conferencing arranged from the chamber of Mr. R.T. Vachhani, learned Principal District Judge, Bhavnagar who has ascertained from her, her wellbeing and also confirmed that a lady officer who has been posted has verified all the details and there are no cause of concern. He further ensured that all requisite care has been taken of both of them and presently, she is adamant not to go with the parents and the parents are also not keen to take her back considering their past experience with her. 4. We have conversed with the corpus and confirmed all what had been conveyed by the learned Principal District Judge. Considering her wish of continuing at the Women Protection Home where she finds herself comfortable and as all concerned have been taking good care of her and her child, let the order of ours dated 23.06.2020 govern the field. 5. Learned Principal District Judge, Bhavnagar has ensured to take periodical care through the lady assistant who has been posted for an Additional duty till she attains the majority. 5. Learned Principal District Judge, Bhavnagar has ensured to take periodical care through the lady assistant who has been posted for an Additional duty till she attains the majority. Any difficulty that the corpus may face, she may approach learned Principal District Judge, Bhavnagar who shall exercise his discretion in attending to the same and in the event of any requirement of this Court indulging into the matter, he may approach the Registrar (Judicial) of this Court or the office of the learned Public Prosecutor through his registry. 6. The Administrator, Women Protection Home shall take good care of hers and also of her child and shall give her vocational training additionally, if she so desirous, so that a holistic growth of hers could be materialized and she may also lead her life with self esteem and financial independence. In the event of any requirement of any monetary assistance, particularly for clothing or any other things needed for the Corpus or her child, the fund of District Legal Services Authority may be utilized. Learned PDJ may also contemplate giving of token remuneration to the lady posted for assistance of the Corpus. 7. Noticing the fact that the Corpus is 17 years and 2 months, this order shall operate till she attains the age of majority. Thereafter any of the parties can approach this Court for other and further orders. 8. This petition stands disposed of accordingly. A copy of this order shall be sent to the learned Principal District Judge, Bhavnagar for its execution at his end. 9. We place on record our sincere appreciation for the assistance rendered by learned Principal District Judge, Bhavnagar and his team.