$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 18^th February, 2025 + W.P.(CRL) 290/2025 MANOBAL FOUNDATION .....Petitioner Through: Mr. Utkarsh Singh, Mr. Mayank Gupta Mr. Tauheed Arshi & Mr. Humaid, Advs. versus STATE OF DELHI & ORS. .....Respondent Through: Mr. Sanjay Lao, Standing Counsel (Crml.) with Ms. Priyam Aggarwal & Mr. Abhinav Arya, Advs. with SI Preeti, PS Kalkaji, Insp. Shashank, SI Jitender Yadav, PS Mohan Garden.

Mr. Harvinder Singh, ACP/AFRRO, Mr. Shashank Tripathi, Inspector/AFRRO Unit (M- 8700062400) and Mr. Pratap Singh Rawat, Under Secretary, MHA.

Mr. Sandeep Kumar Mahapatra CGSC with Mr. Tribhuvan, Mr. Ishaan Malhotra & Mr. Shashank Tripathi, Advs. for R-7/FRRO.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner - Manobal Foundation under Article 226 of the Constitution of India read with Section 528 of the BNSS, 2023 for issuance of a writ in the nature of habeas corpus for production of minor child, Master ARK, who is stated to be in the illegal W.P.(CRL) 290/2025 Page 1 of 7 Signature Not Verified Digitally Signed custody of Respondent Nos. 3 & 4-- Ms. Jacklyin Nakayima @ Julie and Ms. Namakula Dooren. The Petitioner claims to be an NGO attempting to help the victims of human trafficking.

3. The case of the Petitioner-NGO is that a Ugandan national - Ms. J who was in India had given birth to a child i.e., Master ARK, in India. The Petitioner NGO was assisting Ms. J with moving back to Uganda, however, Ms. J passed away due to HIV. It is the allegation of the Petitioner-NGO that the Respondent Nos. 3 and 4 are passing the custody of the child from person to person. The child is not traceable and hence, the present petition.

4. The Court on 27th January, 2025, directed issuance of notice to all the Respondents, as also to serve the present petition to Uganda High Commission through the Ministry of External Affairs. Thereafter, on 10th February, 2025, the child was produced in Court and was stated to be in the company of Respondent No.4 after the mother of the child passed away. It is stated that the Petitioner- Manobal Foundation handed over the child to her. Respondent No.3- Jacklyin Nakayima @ Julie also appeared on the said date and is stated to be a friend of the late mother of the child. Both the Respondent Nos.3 and 4 informed the Court on the said date that the biological father of the child Mr. Hassan lives in Uganda and is willing to take back the child. The Court then gave the following directions:

“4. Both informed the Court that the biological father of the child Mr. Hassan lives in Uganda and is willing to take back the child. The child having been bom to two Ugandan nationals, this Court deems it appropriate to issue notice to the Central Government Standing Counsel for appearance tomorrow i.e., 11th February, 2025 along with a competent official from the Ugandan W.P.(CRL) 290/2025 Page 2 of 7 Signature Not Verified Digitally Signed High Commission so that steps can be taken to send the child to her biological father.

5. The biological father may also be requested to join the proceedings virtually when the matter is taken up tomorrow.

6. The Court is also informed that the mother of the child passed away on 20th January, 2025 and her physical remains are kept in a mortuary in Deen Dayal Upadhyay Hospital. In this regard, the Investigating Officer-Mr. Sumit from PS Mohan Garden shall also remain present in the hearing listed tomorrow.

7. The Respondent No. 4 is free to take the child with her today and shall produce the child before the Court tomorrow.”

5. Pursuant to the above stated order, on 11th February, 2025, the Court had an in chamber interaction with Mr. Hassan who is stated to be the biological father of the child. He joined virtually from Kampala, Uganda, and stated that he does business of mobile phones, smart phones, etc. On being que