Full Text
W.P.(CRL) 3949/2018
RAGHUBIR SINGH ..... Petitioner
Through: Mr. Kartickay Mathur, Advocate with Mr. Sanket Gupta, Advocate.
Through: Mr. Rahul Mehra, Standing Counsel (Crl.) for State.
Mr. Ashok Aggarwal, Advocate.
SI Suman Bajaj, AHTU/Crime Branch.
Date of Decision: 06th September, 2019
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
JUDGMENT
1. Present writ of habeas corpus had been filed by the petitioner-father seeking production of his daughter Ms. Surender Kaur, aged 31 years, who is mentally challenged and married to respondent No.3, who is hearing impaired.
2. Though Ms. Surender Kaur had been missing since 2013, yet the complaint had been filed before the police authorities on 10th May, 2018 only. 2019:DHC:4433-DB
3. In pursuance to the direction passed by this Court vide order dated 24th April, 2019, investigation was transferred to AHTU Crime Branch.
4. Ms. Surender Kaur has been recovered from Asha Kiran Shelter Home where she had been residing for the last eight years. She has been identified by her father, husband and brother-in-law.
5. Ms. Surender Kaur has two sons namely, Mithun and Lucky alias Jaideep. While Mitun is in the custody of respondent No.3-husband, Lucky alias Jaideep has been staying with ‘MAMTA’ – Children of the World Adoption Agency.
6. In pursuance to the order dated 25th July, 2019 passed by this Court, a meeting was held on 09th August, 2019 under the Chairmanship of Chief Secretary, Delhi, wherein the following decisions were taken:- “i) Addl. CP Crime Branch will issue instructions to all the police stations to share their email addresses with all the shelter homes and to upload on ZIPNET without loss of time the information regarding the identity of the found person as soon as it is received from the shelter homes. ii) Dept. of Social Welfare will issue instructions to all the shelter homes whether run by the Government or private persons to send by e-mail to the concerned Police Station which had brought the person to the home for admission the information or additional information as soon as such information comes to the notice of the incharge of such shelter home.”
7. A circular has been issued on 19th August, 2019 by the Director (Social Welfare) to the managements of all shelter homes being run in the NCT of Delhi, conveying the aforesaid decisions.
8. Since the parents of Master Lucky alias Jaideep are alive, his name is directed to be withdrawn from the list of children available for adoption. The custody of Master Lucky alias Jaideep is directed to be handed over to his father-respondent No.3 forthwith.
9. As Master Mithun has already been admitted in pursuance to orders of this Court to NDMC Primary Boys School, Nangloi village, Delhi, in Class 4, this Court directs that even Master Lucky alias Jaideep should be admitted in the same school.
10. Since Master Lucky alias Jaideep is suffering from Mild Mental Retardation, the MCD school is directed to hire special educators, if already not on the rolls.
11. An Inspector of the Directorate of Education is directed to keep periodic checks on the educational progress of Master Mithun and Lucky.
12. Since Ms. Surender Kaur is mentally challenged, the order of Child Welfare Committee-VII dated 02nd August, 2019 directing DNA test of Master Lucky alias Jaideep, is set aside.
13. Further, as respondent No.3 and learned counsel for the petitioner state that they are not in a position to take care of Ms. Surender Kaur, we are of the opinion that her interests are best served if she remains at Asha Kiran Shelter Home. Consequently, she is permitted to continue to reside in Asha Kiran Shelter Home, Avantika, Rohini, for as long as the said authority deems it appropriate.
14. With the aforesaid directions, present writ petition stands disposed of. Order dasti under the signature of Court Master. MANMOHAN, J SANGITA DHINGRA SEHGAL, J SEPTEMBER 06, 2019 js