- (1.) Awadhesh Gautam has instituted this petition for a writ of habeas corpus, on behalf of his two minor children - Shaurya Gautam and Km. Dishi Gautam. He prays that a writ, order or direction in the nature of habeas corpus may be issued by this Court, ordering Smt. Brahma Devi Tiwari, respondent no. 4 and Sri Braddhanand Bal Ashram, Arya Samaj Jama Wala, Tilak Road, Dehradoon, Uttarakhand, respondent no. 5, to produce the two minor children-detenues before this Court and upon production, they be ordered to be set a liberty in the manner that the minors be given into the father's custody.
(2.) A rule nisi was initially granted on 13.02.2020, but remained uncomplied with, on account of disruption of judicial work in the wake of CoViD-19 pandemic. Nevertheless, Mr. Pankaj Kumar Tyagi, Advocate, put in appearance on 08.10.2020 and sought time to comply with the rule nisi. Time was granted, fixing a date for return on 15.10.2020. On 15.10.2020, the rule nisi was again not complied with. In the circumstances, the petition was formally admitted to hearing, with Mr. Anurag Dubey waiving service on behalf of the fourth respondent. The Superintendent of Police, Hathras, was ordered to cause the two detenues to be produced before the Court on 03.11.2020 at 02:00 p.m. The Superintendent of Police, Hathras, was directed to seek cooperation from his counterpart in District Dehradun, Uttarakhand, in order to enforce the rule.
(3.) In compliance with the rule, the minors were produced before the Court on 03.11.2020. This Court has interacted with the elder of the two minors, Shauya Gautam, besides the minors' grandmother (maternal) Smt. Brahma Devi Tiwari. The Court also spoke to the minors' aunt (mausi) Smt. Uma Rawat, as also Awadhesh Gautam, the father, who has brought this petition. This Court has perused the writ petition and the counter affidavit filed on behalf of the fourth respondent.;