WPHC No. 10/2022, WPHC No. 13/2022

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPHC

No. 10 of 2022

Judgment Reserved on

08.07.2022

Judgment Delivered on 29.07.2022

•

Firdos Bano D/o Rafi Ali, aged about 30 years, R/o Vill. Lodhma

Post-Lodhma Tah.- Kunkuri Distt. Jashpur, Chhattisgarh

------Petitioner

VERSUS

1. State of Chhattisgarh through Secretary Home Department, D.K.S.

Bhawan, Mantralaya, Raipur, Chhattisgarh 492001

2. Director General of Police, Police Headiuarter, Sector-19, Atal

Nagar, Raipur, Chhattisgarh

3. Inspector General of Police, Ambikapur, District Surguja,

Chhattisgarh

4. Superintendent of Police Jashpur District- Jashpur, Chhattisgarh

5. Bhaskar Sharma S.H.O. Police Station- Kunkuri, District Jashpur,

Chhattisgarh

-------Respondents

WITH

WPHC No. 13 of 2022

•

Rafi Ali, aged about 52 years, S/o Late Shri Salim Ali R/o Vill.

Lodhma Post-Lodhma Tah.- Kunkuri Distt. Jashpur, Chhattisgarh

------Petitioner

VERSUS

1. State of Chhattisgarh through Secretary Home Department,

Mahanadi Bhawan, Mantralaya, Raipur, Chhattisgarh 492001

2. Director General of Police, Police Headiuarter, Sector-19, Atal

Nagar, Raipur, Chhattisgarh

3. Inspector General of Police, Ambikapur, District Surguja,

Chhattisgarh

4. Superintendent of Police Jashpur District- Jashpur, Chhattisgarh

5. Bhaskar Sharma S.H.O. Police Station- Kunkuri, District Jashpur,

Chhattisgarh

6. Manish Kunwar aged about 32 years, S/o Late Shri Shyam Nath

Kunwar, Presently posted as the S.D.O. Police Kunkuri, District

Jashpur, Chhattisgarh

-------Respondents

For Petitioners : Mr. Syed Ishhadil Ali, Advocate

For Respondent 1 to 4 : Mr. Raghvendra Pradhan, Addl. Adv. Gen.

WPHC No. 10/2022, WPHC No. 13/2022

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Hon’ble Shri Arup Kumar Goswami, Chief Justice

Hon'ble Shri Parth Prateem Sahu, Judge

C.A.V. JUDGMENT

1. As both the writ petition are interconnected they are being

disposed of by this common order.

2. Petitioner Firdos Bano has fled Writ Petition (Habeas Corpus) No.

10/2022 seeking direction to Respondents for release of Rafi Ali

(Father) and Md. Wasim Akram (Brother) from unlawful custody of

Respondents-authority. And Rafi Ali fled Writ Petition (Habeas

Corpus) No. 13/2022 seeking direction to Respondents to release

Faiz Akram from unlawful custody of Respondents-authorities and to

take strict action against the ofcer.

3. Mr. Ishhadil Ali, learned counsel for petitioner would submit that

Respondent No. 5 arrested father and the brother of petitioner

Firdos Bano on 17.05.2022 from her house without any information

or intimation to her or any other family members. When petitioner

reached the police station, she was not informed as to under what

authority and under which provisions of law her father and brother

were arrested. Both the persons were not produced before the

jurisdictional Magistrate even after lapse of more than 24 Hours of

arrest. They were arrested without registering any crime and were

being assaulted by Respondent No. 5. He contended that the

detention of father and brother of petitioner was illegal. Their

detention was in violation of Article 21 of the Constitution of India.

4. Writ Petition (Habeas Corpus) No. 13 of 2022 is fled by Rafi Ali

after his release on bail mentioning therein that his son Mohd. Faiz

Akram was arrested by Respondent-authority on 18.05.2022 but till

date he had not been produced before any Court nor any intimation

was given to them. It is stated that the fact of his arrest is pleaded

in paragraph 5 of the reply afdavit dated 30.05.2022 fled by

WPHC No. 10/2022, WPHC No. 13/2022

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Respondent No. 6 befor