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2020 Supreme(Bom) 38

S.S.SHINDE, N.B.SURYAWANSHI
Khaled Kamal Hussein Mohamed Kassem – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:Navroz Seervai, Senior Advocate a/w Subir Kumar, Akash Rebello, Chahat Dhingra, Samiksha Manek i/by Subir Kumar, Advs.
For the Respondents: Sonal a/w Rohit Gupta, Nirupama Kar, Tishaa Maheshwari i/by Inter Juris, V.B. Konde – Deshmukh, APP.

JUDGMENT :

S.S Shinde, J.

1. This petition is filed praying therein to issue writ of Habeas Corpus or any other writ, orders/direction to direct the respondents to produce the body of the person i.e. Kian Kaseem son of Petitioner who has been illegally confined by Respondent No. 2 and 3 before this Hon’ble Court and further to hand over custody of Kian Kaseem to the Petitioner.

2. Respondent No. 1 herein is the State of Maharashtra. Respondent No. 2- Paulami Apte is the sister of wife of the Petitioner namely Soumi Ghosh and Respondent No. 3 is the mother of wife of the Petitioner. The Petitioner as well as Respondent No. 2 and 3 have raised various disputed question of facts. However, for the purpose of deciding the present petition, the relevant facts in brief, are as under:-

    The Petitioner is an Egyptian national who was working in Mumbai with Weatherford India. He started working with Weatherford India in November 2006 and was stationed in Mumbai till January 2014. In July 2007 he met Ms. Soumi Ghosh who was also working in the same office. The Petitioner and Soumi were in a relationship from November 2007. In 2011, Soumi Ghosh moved to Calgary, Canada to work as a log analyst for

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