Court No. - 66

Case :- HABEAS CORPUS WRIT PETITION No. - 118 of 2020

Petitioner :- Ram Autar Gupta And Another

Respondent :- State Of U.P. And 9 Others

Counsel for Petitioner :- A.P. Singh,Dharmendra Kumar

Counsel for Respondent :- G.A.,Lakshmi Kant Pandey

Hon'ble J.J. Munir,J.

This habeas corpus writ petition has been filed by the petitioner,

Ram Autar Gupta, who claims to be a close friend of the

detenue, Rajendra Kumar Jaiswal alleging that Jaiswal is in

unlawful detention, confined by his next of kin, that is his sons

and his wife. These kinsmen have been arrayed as respondent

numbers 8, 9 and 10. The allegation further goes that this

detention is in connivance with the respondent authorities.

A rule nisi was issued by this Court on 06.02.2020 but appears

to have remain uncomplied with for a long period of time. On

10.09.2020, time was sought by respondent no. 11, who is no

other than the detenue, Rajendra Kumar Jaiswal, who appeared

before the Court today. This time was sought through Sri Laxmi

Kant Pandey, Advocate. It does appear a little in congruent that

a person, claimed to be detained does appear independently

through Counsel. Nevertheless, by the order dated 10.09.2020

that time was granted and today Rajendra Kumar Jaiswal has

appeared before this Court, who has been identified by his

Counsel. This Court, accordingly, proceeds to record the

statement of Rajendra Kumar Jaiswal, verbatim:

Q. Aap ka naam?

A. Rajendra Kumar Jaiswal.

Q. Aapke pitaji ka naam?

A. Swargeeya Viswanath Prasad.

Q. Aap kaha se aaye hain?

A. Padrauna se.

Q. Vaha kiske yahan rah rahe hain?

A. Mera makan hai, usi me rah raha hu.

Q. Ye Aneeta, Vaibhav aur Vinayak kaun hain?

A. Vaibhav aur Vinayak putra hain. Anita patni thi.

Q. Ram Autar Gupta kaun hain?

A. Vakeel sahab hain.

Q. Ye aapke mitra hain?

A. Ha mere mitra hain aur bahut achchhe adhivakta bhi hain.

Q. Aapko kaun jabarjasti rakha hai?

A. Vinayak aur Aneeta jabarjasti rakhe hain. Mere marji ke

bagair agava karke rakhe hain. Kotwali se mujhko uthaya gaya

hai.

Q. Aap yahan pe apne aap kaise aaye hain?

A. Mujhko laya gaya hai.

Q. Kaun laya hai?

A. Vaibhav ji aur hamare bhai lekar aaye hain.

Q. Aap kiske paas rahna chahate hain?

A. Sir ji ham to Ram Autar Gupta ji, vakeel sahab ke sath jana

chahate hain.

Q. Aap apne putra Vaibhav ke sath jana chahenge?

A. Unke sath jaunga to ve surakshit nahi rakh payenge.

At this stage, Mr. Ram Autar Gupta, the petitioner has been

identified by Rajendra Kumar Jaiswal. The Court, accordingly,

proceeds to record the statement of the petitioner, Mr. Ram

Autar Gupta, verbatim:

Q. Aapka naam?

A. Ram Autar Gupta.

Q. Aap kya karte hain?

A. District Court, Kushinagar me Advocate hain.

Q. Aapka ghar hai vahan pe?

A. Kiraye pe rahte hain.

Q. Aapke ghar me kaun kaun hain?

A. Mai aur meri patni.

Q. Aap Jaiswal Sahab ko apne sath rakhna chahte hain?

A. Ha bas koi interfere na kare.

Q. Aapko kisse dar hai?

A. Vinayak se inke chhote bete se.

From a perusal of the aforesaid statement of Rajendra Kumar

Jaiswal, it is apparent that he is in illegal confinement of sorts

of his wife Anita Devi, respondent no. 8 and his son, Vinayak

Prabal, respondent no. 10. He wants to move out to his friend,

Ram Autar but he says that he is not allowed to move out

anywhere. It is also indicated by the petitioner that he has a

threat perception to his life and limb from his wife and son,

Vinayak Prabal, respondent no. 10, who may interfere with his

liberty when he moves out or stays anywhere. Accordingly, the

rule nisi is made absolute. Respondent-Rajendra Kumar

Jaiswal, the detenue is ordered to be set at liberty forthwith and

he shall be free to go wherever he likes and stay with

whomsoever he wants. Since he has indicated his desire to stay

with the petitioner, who has also indicated his inclination to

have his company, he is free to do so.

In the circumstances of the case, it is ordered that the S.S.P.,

Prayagraj shall provide necessary poli