The Court upheld the principle of individual autonomy and personal liberty, emphasizing that an adult cannot be compelled to return to a guardian against their will.

JUDGMENT :

Manjari Nehru Kaul, J. (Oral)

1. Petitioner has approached this Court under Article 226 of the Constitution of India , seeking a writ in the nature of Habeas Courpus, directing the official respondents to release the detenue, his daughter, namely Preeti Sharma, forthwith from the illegal custody of respondent No.6.

2. This Court while issuing notice of motion passed the following order :-

'Petitioner has approached this Court under Articles 226 of the Constitution of India , seeking a writ in the nature of Habeas Corpus, directing the official respondents to release the detenue (his daughter) namely Preeti Sharma, forthwith from the illegal custody of respondent No.6.

Notice of motion.

On the asking of the Court, Mr. Manish Bansal, Public Prosecutor, Chanidgarh, accepts notice on behalf of the official respondents and seeks time to file reply.

Adjourned to 28.08.2024.

Let requisite copies of the complete paper book be supplied to the learned counsel for U.T. Chandigarh during the course of the day. Respondent No.3-Senior Superintendent of Police, U.T. Chandigarh, is directed to ensure the presence of detenue, before the Court of learned Chief Judicial Magistrate, Chandigarh, on 14.08.2024, who would record her statement. The learned CJM, Chandigarh, is directed to record the statement of the detenue as per the Standard Operating Procedure (SOP) laid down by Hon'ble the Supreme Court in Devu G. Nair Versus The State of Kerala and others 2024 INSC 228.

In case detenue has been illegally detained by the private respondents and she expresses her willingness to go with the petitioner, she may be permitted to do so. Learned CJM, Chandigarh, shall ensure that the life and liberty of the detenue is not jeopardized at the hands of the private respondents.

Report of learned CJM, Chandigarh, be called for the date fixed. Copy of this order be sent to the quarter concerned for strict compliance.'

3. In compliance of the above order, the alleged detenue was produced before the learned JMIC, Chandigarh on 17.08.2024, and got her statement recorded. The report of the learned JMIC, Chandigarh along with the statement of the alleged detenue has been sent in a sealed cover to this Court and is annexed at Flag 'X'.

The said report has been opened in the Court and perused.

The statement of the alleged detenue (Flag 'X') as well as the report of the learned JMIC, Chandigarh is reproduced hereinunder:-

'Present: Prosecutrix/victim in person along with LC Santosh No. 202 and 10 ASI Ramesh No. 3075.

An application has been produced before me being Duty Magistrate at about 12.10 AM today, for recording the statement of victim, in view of the order passed by Hon'ble Punjab and Haryana High Court dated 12.08.2024. It has been contended by the 10 that the statement of the prosecutrix/victim is necessary to be recorded at this time, upon her own request as there are chances of her non-availability later on.

Upon this, the prosecutrix/victim was made to sit alone for sufficient time in the Camp Office of the undersigned for reflection. The police officials were directed to leave the room. After assuring that she has become comfortable, the undersigned asked her certain questions to ascertain her voluntariness and to rule out any coercion or pressure upon her from any corner. She was also asked the reason for suffering her statement during the late hours of the night, upon which she expressed her non-availability during the Court hours on account of her nature of work.

Therefore, after ascertaining that she is free from any pressure or coercion, the undersigned proceeded to record her statement on oath, which was read over and explained to her and after admit