Court No. - 66

Case :- HABEAS CORPUS WRIT PETITION No. - 221 of 2020

Petitioner :- Harpal Singh And 2 Others

Respondent :- State Of U.P. And 5 Others

Counsel for Petitioner :- Anil Kumar,Hare Ram

Counsel for Respondent :- G.A.

Hon'ble J.J. Munir,J.

Sri Surya Bhan Singh, Advocate has put in appearance on behalf of respondent

nos. 5 and 6. It is taken on record.

Heard Sri Hare Ram, learned counsel for the petitioners, Sri Surya Bhan Singh,

learned counsel appearing on behalf of respondent nos. 5 and 6 and learned

A.G.A. appearing on behalf of the State.

In compliance with the rule nisi issued by this Court, the third petitioner, Km.

Awani @ Priyal has been produced by Lady Constable, Varsha Rani (L/C 131)

posted at P.S. Shamshabad, District Farrukhabad, who has identified Km. Awani

before this Court. This Court, accordingly, proceeds to ascertain her stand about

the claim of illegal detention, which is recorded verbatim:

Q. Aapka naam?

A. Awani.

Q. Aapke pitaji ka naam?

A. Harpal Singh.

Q. Aapki aayu?

A. 17 saal.

Q. Aap kiske paas se aayi hain?

A. Maa ke paas se.

Q. Aapki maa ka naam?

A. Kamlesh.

Q. Hardeep Yadav aur Sunhari kaun hain?

A. Ye mere gaon ke log hain.

Q. Aapko Hardeep Yadav aur Sunhari ne kya bandhak bana rakha hai?

A. Nahi.

Q. Aap apni mataji ke paas apni marji se rah rahi hain?

A. Ha.

Q. Aap apne pitaji ke paas jana chahati hain?

A. Nahi jana chahti, Dadi ke paas bhi nahi jaungi, ham apne mummy ke paas

jayenge.

At this stage, learned counsel for the petitioner came up with some objections

that are strictly beyond the scope of the case brought forth in this habeas corpus

writ petition. He says that the detenue's mother herself is missing and, therefore,

the detenue's stand is incorrect. This case is not pleaded in the petition.

Nevertheless, since the petition is one for a writ of habeas corpus, it is this

Court's anxiety to ascertain whether the minor is in fact not the victim of any

illegal confinement. This Court proceeds to ascertain the custody from which the

minor has been produced before this Court by the police in compliance with the

rule nisi. This Court accordingly, proceeds to record the statement of Lady

Constable, Varsha Rani, who has produced the minor, again, verbatim:

Q. Aapka naam?

A. Varsha Rani.

Q. Aap kaha tainat hain?

A. Thana Shamshabad, Janpad Farrukhabad.

Q. Aap Priyal ko kaha se lekar aayi hain?

A. Inki Maa ke paas se.

Q. Aap swayam lekar aayi hain?

A. Ha, ham aur daroga ji, S.I., Vikram Singh, sath me gaye the.

Q. Mataji ki pahchan kisne ki hai?

A. Priyal ne, mataji bhi sath me aayi hain.

In order to further reassure ourself, since the minor's mother is also reported to

be present in Court, this Court considers it appropriate to record her statement as

well. At this stage, the mother of Priyal, Smt. Kamlesh has been asked to appear

and her statement has been recorded verbatim:

Q. Aapka naam?

A. Kamlesh.

Q. Aapke pati ka naam?

A. Harpal Singh.

Q. Aap Harpal Singh ke paas nahi rahti?

A. Nahi.

Q. Aap Kaha rahti hain?

A. Natedari me rahte hain, idhar-udhar.

Q. Is samay kiske ghar par rahti hain?

A. Sunahari ke ghar par kamra kiraye pe lekar rahte hain.

Q. Aap Kya kam karti hain?

A. Roj Roti Pani ka kaam karte hain.

Q. Aapke aur bachche hain?

A. Ha, ek ladka hai.

Q. Kaha Rahta hai?

A. Bua ke ghar.

Q. Kitne saal ka hai?

A. 23-24 saal ka.

This Court is satisfied with the stand taken by the detenue-Awani @ Priyal and

her mother, Smt. Kamlesh that Kumari Awani is not in illegal confinement of

respondent nos. 5 and 6. She is staying with her mother, Smt. Kamlesh of her

free will. Kumari Awani @ Priyal, though, a minor but is 17 years old and of an

age where she can spell out her preferences. She has clearly said that she wants

to stay with her mother. The mother is also a natural guardian of the minor under

Section 6(a) of the Hindu Minority and Guardianship Act. As such, there can be

no exception to the third petitioner staying with her mother. There is