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SUPREME COURT OF INDIA
R. BANUMATHI, A.S. BOPANNA, JJ.
IN RE MISSING OF AN LLM STUDENT AT SWAMI SHUKDEVANAND LAW COLLEGE (SS LAW COLLEGE) FROM SHAHJAHANPUR U.P. - Petitioners
Suo Motu Writ (Crl.) No.2/2019
Decided On : 30-08-2019
Missing LLM Student - Suo Motu Writ Petition (Criminal) - 2020 (10) SCC 512
Fact of the Case:
An LLM student from Swami Shukdevanand Law College in Shahjahanpur, Uttar Pradesh, went missing and allegations were leveled against persons running the institution. The court intervened to locate the missing girl and ensure her safety.
Finding of the Court:
The court spoke to the missing student, who expressed her intention to stay in Delhi until meeting her parents and deciding on her future course of action. The court directed arrangements for her stay and facilitated the meeting with her parents.
Issues: Missing person case, safety and well-being of the missing student, parental meeting, and future course of action.
Ratio Decidendi: The court's decision was based on ensuring the safety and well-being of the missing student, facilitating her meeting with her parents, and allowing her to decide on her future course of action.
Final Decision: The court directed the stay of the missing student in a safe place, arranged for her parents' travel to meet her, and prohibited her from meeting anyone else until the next date of hearing.
ORDER :
1. This is a Suo Motu Writ Petition (Criminal) and has been taken up based on the newspaper reports and online news portals stating that an LLM student-Miss “A” at Swami Shukdevanand Law College (S.S. Law College) from Shahjahanpur, Uttar Pradesh, has been missing from 24.08.2019.
2. It is stated that she has levelled certain allegations against persons running the institutions in S.S. Law College.
3. When the matter was taken up at 1:00 p.m., learned counsel appearing for the parties have submitted that the girl has been located in Rajasthan (as per T.V. Reports) and she is on en-route to Shahjahanpur. The statement has been accepted by learned counsel appearing for the State of Uttar Pradesh.
4. Since the missing girl Miss “A” is stated to be on en-route to Shahjahanpur, we asked learned counsel for the petitioner to find out exact location of the girl and inform the Court whether she can be produced before the Court today.
5. The matter was again taken up at 1:35 p.m. Learned counsel appearing for the State of Uttar Pradesh has submitted the exact location of the girl that at the moment she is at Fatehpur Sikri and if the Court so directs, the authorities will produce the girl before the Court within 2½ hours.
6. We direct learned counsel appearing for the State of Uttar Pradesh to produce the girl before the court.
7. The Court will assemble and take up the matter as and when the girl is produced.
8. The matter was again taken up at 07:30 P.M. for the production of the girl.
9. We have spoken to Miss “A” in-camera. She was very responsive to the questions which we asked. She was able to understand English very well but gave most of the answers in Hindi. She stated that prior to Raksha Bandhan she left Shahjahanpur, Uttar Pradesh, along with her three college mates who are also their family friends, in order to protect herself. She has stated that she does not intend to go back to the Uttar Pradesh for the present till she meets her parents in Delhi and talk to them. She has further stated that after meeting her parents and talking to them she will take a decision on her future course of action. Miss “A” wants to stay back in Delhi for the time being till she meets her parents and talk to them.
10. We have heard Ms. Shobha Gupta, learned counsel/amicus assisted by other counsel. We have heard Mr. Vikramjeet Banerjee, learned Additional Solicitor General and Ms. Aishwarya Bhati, learned Additional Advocate General appearing for the State of Uttar Pradesh.
11. Ms. Shobha Gupta, learned counsel/amicus has suggested that All India Women’s Conference “BAPNU GHAR” at Bhagwan Das Marg and another place Y.W.C.A., Connaught Place, are the safe and comfortable shelter/places which have the arrangement with the Delhi Legal Services Authority.
12. Considering Ms. Shobha Gupta’s submission, the Registry shall ensure stay of Miss “A” in All India Women’s Conference “BAPNU GHAR” at Bhagwan Das Marg for four days which shall permit the girl to use landline to talk to her parents only.
13. Considering the statement of Miss “A”, we direct the Commissioner of Delhi Police to depute a team of police to Shahjahanpur to ensure comfortable travel of the parents of Miss “A” to Delhi to meet Miss “A”. The Registry and Mr. Vikramjeet Banerjee, learned Additional Solicitor General, shall ensure team of police are sent to Shahjahanpur to accompany the parents at the earliest and remain with the parents until further orders from this Court.
14. The Registry of the Supreme Court of India shall coordinate the meeting of the parents with the Girl, Miss “A”.
15. We make it clear that the Miss “A” shall not meet any other person except her parents till she is brought before this Court on the next date of hearing for interaction in-camera.
16. Delhi Police is directed to ensure the strict compliance of this Order.
17. List the matter on Monday, the 02nd September, 2019 at 02:00 p.m.2020 (10) SCC 512
SUPREME COURT OF INDIA
R. BANUMATHI, A.S. BOPANNA, JJ.
IN RE MISSING OF
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