J.J.MUNIR,J. - (1.) In compliance with the rule nisi issued by this Court vide order dated 24.08.2020, the learned Chief Judicial Magistrate, Jaunpur nominated a lady Judicial Officer to go over to the residence of the detenue, Smt. Prabhawati Devi, who stays with her other daughter Manju Devi Dubey and to record her statement. This rule nisi was issued to ascertain whether Smt. Prabhawati is staying with respondent no. 2, Manju Devi Dubey of her free will or she is illegally confined.
(2.) This modified rule was issued looking to the extraordinary circumstances prevalent due to Covid-19 pandemic. Normally, this Court, under the prevalent circumstances, would have required Smt. Prabhawati Devi to be produced before the learned Chief Judicial Magistrate or some other Judicial Officer, who would be asked to record her statement acting on this Court's Commission. The Commission here was, however, modified to ask a lady Judicial Officer nominated by the learned Chief Judicial Magistrate to go over to the residence of Smt. Prabhawati Devi, considering her extreme old age which would imperil her life if she were forced to be produce in court.
(3.) In compliance with the Court's order, the learned Chief Judicial Magistrate, Jaunpur nominated Smt. Sneha, Judicial Magistrate-II, Jaunpur to execute the Commission issued by this Court. The learned Chief Judicial Magistrate has sent a copy of the statement of Smt. Prabhawati Devi through electronic mode recorded by the learned Judicial Magistrate on 26.08.2020 at the former's residence.;