- (1.)THIS habeas corpus petition has been filed by the petitioner who is a Jawan in the Border Security Force and presently posted in Jammu & Kashmir as per averment made in the petition. The petitioner is a resident of district Alwar and while he was away, his two daughters namely, Sonia aged 15 yeas and Nisha aged 13 years were kidnapped and as such he made a report to the P.S. Tapukada in District Alwar (Rajasthan) and registered as Missing Person Report No.4/2011. The aforesaid report was lodged on 9.6.2011. The two children had gone missing on or about 7.6.2011. Both the daughters were with their maternal grand father (Nana) at village Kharakada within the jurisdiction of police station Dharuheda, District Rewadi, Haryana. After the report was lodged, investigation was carried out by the local police even at village Kharkada but they could not get any success. Thereafter, this habeas corpus petition was filed before this court on 26.3.2012.
(2.)NOTICES were issued to the respondents for recovering the girls and produce them before this court as both of them are minor. Yesterday, when the matter was listed before the court, the IO was present and submitted that despite all the efforts to trace the detenus, the two minor daughters of the petitioner have not been recovered so far. Efforts were also made to recover the girls from UP namely District Kannauj and Farrukhabad for which information had been received about the likelihood of their being there but despite team having been sent in UP, the same got no success. These teams had been sent to UP on the basis of certain telephone calls which were received. Investigation was carried out and as per progress report submitted before us, it has been revealed that the said mobile/telephone had been obtained on the basis of false identity.
Learned counsel for petitioner submitted that the petitioner is posted in Jammu and Kashmir and it is not possible for him to assist the investigating team and even the Rajasthan Police is at a handicap to investigate the matter in other States and as such they are unable to carry out full investigation unless the local police in Haryana and UP provides full assistance.

Learned counsel for the petitioner further submitted that the matter may therefore, in the light of the circumstances of the case which involves the jurisdiction of more than one State and since it was a matter of two minor children wherein the possibility of the accused being involved in human trafficking also cannot be ruled out despite the fact that the police has tried to make search efforts in the red light areas and dance bars in Mumbai, Delhi and other cities but without success. These searches would also require the assistance of the local police in the area. He, therefore, submitted that the matter may be entrusted for investigation to the CBI so that the girls may be recovered as the CBI has its own organisational set up in all the States where the possibility of the two girls being kept by the accused persons may be there.

Learned counsel for State submitted that so far as the recovery of the girls is concerned, they have tried to make all efforts and so far as the prayer of the petitioner for transferring the case for investigation to the CBI is concerned, they would have no objection and whatever the assistance the CBI would require the Rajasthan police is willing to provide on the basis of investigation carried out by them so far and the same would be made available to the CBI.

Looking to the entire facts and circumstances of the case including the fact that the petitioner is a Jawan of the BSF posted in the sensitive area in Jammu and Kashmir and in Uri Sector, it is not possible for him to assist the investigation team as it is not possible for him to remain on leave for such a long time from his duties.

(3.)WE would therefore direct that the Home Secretary, State of Rajasthan issue necessary notifications for transferring this case to the CBI at the earliest so that the minor daughters of the petitioner could be recovered and handed over to the petitioner and in case there is involvement of any other crime, the accused may be apprehended and the be brought to trial.
This petition accordingly stands disposed of.

Let a copy of this order be sent to the Home Secretary and the Chief Secretary Government of Rajasthan for compliance along with advance copy to the Superintendent of police CBI, Tilak Marg, Jaipur.