JUDGEMENT
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(1.)We have heard learned counsels for the parties.
Shri Neeraj Kishan Kaul, learned Additional
Solicitor General has placed before us a letter
dated 3rd November, 2014 of the Ministry of Home
Affairs, Government of India, highlighting the
subsequent developments that have taken place in
the case, namely, that it has now been confirmed
that the alleged victim Ms.Jasmine alias Reshma
Sheikh is a Bangladesh National and that the
Bangladesh High Commission is taking necessary
steps to issue the travel documents to facilitate
Ms. Jasmine to travel to Bangladesh.
(2.)Though in the aforesaid communication dated
3rd November, 2014, it has been suggested that as soon as the Ministry receives Travel Permit from
the Bangladesh High Commission, Ms. Jasmine would
be escorted to Kolkata and handed over to the
Border Security Force, who, in turn, will hand
her over to the Bangladesh Authorities i.e.
Border Guards Bangladesh (BGB), the Court is of
the view that instead of the aforesaid
arrangement, it would be appropriate to direct
that, within a week from the day of receipt of
the travel documents to be issued by the
Bangladesh High Commission, Ms. Jasmine will be
escorted by Indian Official to Dhaka and will be
handed over to an identified Authority in the
Bangladesh Government for being given custody to
her parents. The aforesaid Authority of the
Bangladesh Government in Dhaka to whom custody of
Ms. Jasmine would be handed over may be mentioned
by the Bangladesh High Commission to the Ministry
of Home Affairs for which a request to the said
effect along with the copy of this order will be
submitted to the Bangladesh High Commission by
the Competent Authority in the Ministry of Home
Affairs. The said Ministry would also request
the Bangladesh High Commission to expedite the
issuance of the travel documents so that Ms.
Jasmine can travel to Bangladesh and be with her
family at the earliest.
(3.)The Criminal Miscellaneous Petitions are disposed of in the above terms.
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