2024:CGHC:38029-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPHC No. 12 of 2024

1 - Varsha Singh D/o Bahadur Singh Aged About 46 Years R/o Flat No. 11, Block No. 47, Sector 27, Nawagaon, Rakhi District Raipur, Chhattisgarh.

Petitioner versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhawan, Naya Raipur, Chhattisgarh.

2 - Superintendent Of Police Kanker, Chhattisgarh.

3 - Additional Superintendent Of Police Kanker Chhattisgarh Respondents For Petitioner : Mr. Zaid Ali, Advocate For Respondents : Mr. R.K. Gupta, Addl. Advocate General Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge

Order on Board

Per Bibhu Datta Guru

26/09/2024

1. Heard Mr. Zaid Ali, learned Counsel for the petitioner as well as Mr. Mr. R.K. Gupta, learned Addl. Advocate General for the State.

2. The instant writ petition under Article 226 of the Constitution of India has been filed for the following reliefs:-

i. Issue a writ in the nature of habeas corpus or any other appropriate writ, order or direction, commanding the respondents to produce Mannat Netam before this Hon’ble Court forthwith.

ii. Direct the respondents torestore the custody fo Mannat Netam to the petitioner, who is her legal guardian, in furtherance of the best interests of the child.

iii. Issue an order oof perpetual injunction restraining the respondents from taking any action to appoint Mannat Netam as a Bal Arakshak or in any other capacity in the police force.

iv. Direct the respondents, particularly the Superintendent of Police, Kaner, to furnish a detailed report on the whereabouts, well-being, and circumstances of Mannat Netam during the period of her alleged custody.

v. Direct the respondents to provide all necessary assistance, including police protection if required, to ensure the safe return and continued safety of Mannat Netam and the petitioner.

vi. Constitute a committee of experts to investigate the alleged involvement of the Adivasi Samaj in osbstructing the child’s return to her mother and to recommend measures to prevent such interference in the future.

vii. Award exemplary costs of the petition to the petitioner.

viii. Pass any other order(s) as this Court may deem fit and proper in the interests of justice and equity.

ix. To grant any other relief, which this Hon’ble Court deems fits in the facts and circumstances of the case along with costs of the petition.

3. Facts in the nutshell are that the petitioner is mother of female child- Mannat Netam (henceforth ‘the Child’) and one Bansilal Netam who has died on 28/05/2024 was husband of the petitioner. The petitioner and late Banshilal Netam had married on 23/11/2006 and out of their wedlock, the child born on 10/09/2010. Subsequently, the marriage of petitioner and her husband was dissolved by a decree of divorce dated 28/01/2015. Though, there was a direction in the said decree that the custody of the child will be with her mother and she will take care of the child, but since 2018 the child was staying with her father till the untimely death of her father. After untimely death of her father on 27/05/2024, the child has been living with her parental grandmother.

The instant petition has been filed by the petitioner alleging that in the year 2018, in furtherance of child’s prospective athletic career and considering the father’s position as a Physical Training Instructor in the Police Force, the father and mother both had agreed the custody arrangement of child with her father and as such, the child continued to live with her father, but after 25/07/2024 when father- Bansilal Netam met with an untimely demise, whereabouts of the child alleged to be enshrouded in uncertainty, for which, the petitioner had made a representation to the Superintendent of Police on 12/06/2024 seeking whereabouts of the child as well as custody of the child. It has come to the petitioner’s knowledge that the Kanker Police purportedly intends to induct the child as Bal Arakshak (Child Constable) under