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2020 DIGILAW 767 (MP)

Lakhan Singh Gurjar v. State of M. P.

2020-08-04

RAJEEV KUMAR SHRIVASTAVA, SHEEL NAGU

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ORDER 1. This petition under Article 226 of Constitution seeking issuance of writ of habeas corpus has been filed by the petitioners claiming themselves to be parents of corpus (a major lady) who has been kept in One-Stop Center by the impugned order dated 10.6.2020 passed by Sub-Divisional Magistrate, Gwalior City, District Gwalior (M.P.). 2. It is submitted by learned counsel for the petitioners that the petitioners, who are parents of the corpus, have filed this writ petition in the nature of habeas corpus against illegal retention/ detention of corpus – Anjali Gurjar, aged around 21 years, by respondent No.4- Superintendent, One-Stop Center, JA Hospital, Gwalior. It is further submitted that the corpus has been sent to One-Stop Center on the basis of recommendation made by respondent No.6- Station House Officer, Mahila Thana, Padav, Gwalior (M.P.) for seeking permission from respondent No.5- Sub-Divisional Magistrate, Gwalior City, District Gwalior (M.P.) and on the recommendation letter itself, respondent No.5 in casual manner gave direction to retain the corpus in One-Stop Center during on-going COVID-19 pandemic against her will, despite of the fact that corpus is major. Hence, this writ petition has been filed. 3. Article 21 of the Constitution having declared that no person shall be deprived of live and liberty except in accordance with the procedure established by law, a machinery was definitely needed to examine the question of illegal detention with utmost promptitude. The writ of habeas corpus is a device of this nature. The writ has been described as a writ of right which is grantable ex debito justitiae. Though a writ of right, it is not a writ of course. The applicant must show a prima facie case of his unlawful detention. Once, however, he shows such a cause and the return is not good and sufficient, he is entitled to this writ as of right. While dealing with a habeas corpus application undue importance is not to be attached to technicalities, but at the same time where the Court is satisfied that an attempt has been made to deflect the course of justice by letting loose red herrings, the Court has to take serious note of unclean approach. 4. While dealing with a habeas corpus application undue importance is not to be attached to technicalities, but at the same time where the Court is satisfied that an attempt has been made to deflect the course of justice by letting loose red herrings, the Court has to take serious note of unclean approach. 4. It is also settled position that no fetters can be placed upon choice of the women who has crossed 18 years of age, about the person with whom she is to stay or reside, nor can any restriction be imposed regarding the place where she should stay. The Court or the relatives of the petitioner can also not substitute their opinion or preference for that of the petitioner in such a matter. 5. On perusal of record, it is apparent that it is an admitted position that the corpus is not minor. The corpus is also a prosecutrix, who has lodged FIR against Ajay (accused), which has been registered and the corpus is complainant/prosecutrix of that case. 6. As per direction of the Court, corpus – Anjali Gurjar was produced before this Court through video conferencing. She has stated that she is aged around 21 years. Her parents have married her against her will with Monu Gurjar. She has lodged FIR against Ajay for committing offence against her. Ajay is the relative of her husband Monu Gurjar. She has unequivocally stated that as her parents married her against her will, therefore neither she wants to go back to her parental house, nor to the house of her husband Monu Gurjar. Rather, she stated that she wants to live with some Raju Yadav, who is residing at Sagar. 7. As mentioned above, it is undisputed that corpus is not minor, therefore, looking to the facts and circumstances of the present case and considering the statement given by the corpus, the corpus is hereby directed to be set free to take decision as per her own will. 8. As corpus herself has stated before this Court through video conferencing that neither she wants to reside with her husband Monu Gurjar, nor with her parents, therefore, District Magistrate, Gwalior is hereby directed to escort the corpus to enable her to reach at the destination as per her wish. 8. As corpus herself has stated before this Court through video conferencing that neither she wants to reside with her husband Monu Gurjar, nor with her parents, therefore, District Magistrate, Gwalior is hereby directed to escort the corpus to enable her to reach at the destination as per her wish. It is further directed that compliance report be submitted before the Principal Registrar of this Court immediately after compliance of aforesaid direction.With the aforesaid direction, this writ petition stands disposed of.