Point of Law: Article 21 is the heart and soul of the Indian Constitution, which speaks of the rights to life and personal liberty. Right to life is one of the basic fundamental rights and not even the State has the authority to violate or take away that right.

JUDGMENT :

1. Learned A.G.A. has filed short counter affidavit, the same is taken on record.

2. Heard Mr. Shyamendra Singh learned counsel for the petitioner whose power is taken on record, Mr. S.P. Singh learned Additional Government Advocate and perused the material brought on record of this Habeas Corpus Writ Petition.

3. Pursuant to our previous order passed on 8th April, 2022, treating the Letter Petition filed by daughter of petitioners to be a Habeas Corpus Petition, certain facts were brought to the notice of this Court on point that the petitioners namely, Savitri and Ram Vilas have been called at Police Station-Mahila Thana, Lucknow, from where they have not returned as yet. The petition after being treated as Habeas Corpus was heard by us, wherein, learned A.G.A. on behalf of the State brought to our notice the fact that no such occurrence took place at the police station as stated.

4. Today petitioners Savitri and Ram Vilas are present before this Court along with their daughter Sorojini duly identified by their counsel and it was informed by the petitioners that some police personnel came to them and required their presence at the police station. Pursuant thereto, petitioners went to the police station where they were allegedly detained and threatened by some police personnel.

5. In the short counter affidavit sworn by Ms. Durgawati posted as Inspector, Mahila Thana, Lucknow who is also personally present in Court, certain facts have been brought to the notice of this Court that petitioners had visited the police station on 08.04.2022 around 12 noon and after recording their statements were allowed to leave the police station at around 3.30 p.m., the same day. The dispute between the complainant-Smt. Sushma Devi and her in-laws i.e. petitioners pertains to partition of ancestral property. Complainant's husband-Vinay Kumar who is the son of Ram Vilas is also supporting his wife and claiming his share in the ancestral property.

6. Deponent Durgavati seeks unconditional apology for inconvenience caused to the Court for the mistake committed while providing information the Court on 8.4.2022, when this petition was listed on a short notice. The mistake committed was not intentional or deliberate but due to carelessness and insubordination of Head Constable No.1681Shailendra Singh who had not informed the deponent Durgavati that he had summoned Sri Ram Vilas and his wife Savitri. The deponent Durgavati has sent a report to Deputy commissioner of Police (Central), District Lucknow, Commissionerate to take appropriate disciplinary action against him, copy whereof has been annexed as Annexure No.3 to this affidavit.

7. It has been stated by deponent Durgavati that there was no deliberate attempt to humiliate or harass the petitioners but it was misconduct and in-subordination of the Constable concerned otherwise there was no cause for the police to have indulged in any maltreatment of petitioners. In future the police shall be mindful of their activities.

8. In such case we after deliberation express unhesitatingly that there appears to be someone amongst the police personnel who fished in troubled waters and took advantage of the situation both to the detriment of private parties as well as to the working efficiency of the police system and in particular the police station concerned. It is incumbent and obligatory upon the police authorities concerned to nip the mischief in its bud.

9. The right of a citizen not to be detained or restrained by the State or its instrumentalities without the backing of any law is fundamental as reflected in Articles 19(1)(d), 21 and 22 of the Constitution of India. Article 19(1)(d) protects rights of citizens to move freely throughout the territory of India with sub section 5 imposing reasonable restrictions either in the interest of general public or for protection of interest of any scheduled tribe. Article 21 relates to protection of life and personal liberty of any person including non citizens.