A writ of Habeas Corpus is not maintainable when the detenue is placed in a care home by a competent statutory authority, such as the Child Welfare Committee, as such detention is not illegal or unauthorized.

MANDEEP PANNU, J. (Oral)

1. The present criminal writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus directing the respondents No.1, 2 and 5 to release the detenue namely Simran Kaur, aged about 15 years, from the alleged illegal custody of the private respondents and to hand over her custody to the petitioners, being her natural guardians.

2. Notice of motion.

3. On the asking of the Court, Mr. H.S. Wadhwa, DAG, Punjab accepts notice on behalf of the official respondents and, on instructions from the concerned police official, submits that pursuant to the directions issued by this Court, the detenue Simran Kaur was produced before the Child Welfare Committee constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015. It is further submitted that after considering the welfare and protection of the minor detenue, the Child Welfare Committee passed an order directing her placement at Heavenly Palace Home, Doraha, which is a Home/place of safety meant for care and protection of children. It has further been submitted that the detenue is not in the illegal custody of any of the private respondents and is presently residing at the aforesaid Home under the orders passed by the competent authority.

4. I have heard learned counsel for the parties and have gone through the record carefully. The scope of a writ of Habeas Corpus is confined to examining whether the detenue is under illegal or unauthorized detention. In the present case, once the detenue has been produced before the Child Welfare Committee, a competent statutory authority, and has thereafter been directed to be kept at Heavenly Palace Home, Doraha under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015, it cannot be said that she is in illegal custody of the private respondents.

5. The placement of the detenue at the aforesaid Home is pursuant to an order passed by the competent authority for her care, protection and welfare. Therefore, no case for issuance of writ in the nature of Habeas Corpus is made out.

6. The grievance raised by the petitioners with regard to custody of the minor child would be governed by the appropriate provisions of law before the competent forum, however, the extraordinary writ jurisdiction for issuance of Habeas Corpus cannot be invoked in the absence of any illegal detention.

7. Accordingly, finding no merit in the present petition, the same is hereby dismissed.

8. All pending applications, if any, also stand disposed of.