- (1.) In pursuance of the order dated 9.3.2015 passed in this case, the matters of the remaining inmates were taken by this Bench constituted for this purpose, which are as follows:-- (1) Km. Anshul, daughter of Shri Kishan has been produced in custody from Nari Niketan, Mathura. She has been detained by order of the Chief Judicial Magistrate, Firozabad dated 11.12.2014 on the ground that she was minor, as her date of birth was shown as 10.11.1998. In pursuance of the order of this Court dated 13.2.2015, Km. Anshul was medically examined by the Chief Medical Officer, Mathura on 26.2.2015. It has been found that epiphysis of elbow joint, wrist joint, knee joint were fused and epiphysis of medial end of clavicles was not fused. In the opinion of the doctor, she was 20 years of age. She states that she is willing to go with her husband Ajay alias Bantu. The age as mentioned in the medical certificate ought to have been given preference over the School certificate in view of the decision in Juki Devi v. State of Bihar, 2005 13 SCC 376 , and also in view of the decision in Gian Devi v. The Superintendent, Nari Niketan, Delhi and others, 1976 3 SCC 234 , once she is held to be major, she cannot be detained in Nari Niketan. Km. Anshul states that she wants to go with her husband. In this view of the matter, Km. Anshul is set at liberty. She may go wherever she likes. However, she may be taken back to Nari Niketan, Mathura from where she shall be produced within a week by the Probation Officer before the Court concerned, who shall set her at liberty and allow her to go wherever she pleases after obtaining an undertaking from her that she will appear before the Court concerned whenever required for the purpose of giving evidence in case crime No. 446 of 2014, under sections 363, 366 IPC, PS, Linepar, District Firozabad. Shri S.D. Pandey, Advocate appears on behalf of Ajay alias Bantu, the husband of Anshul and states that a Criminal Revision No. 100 of 2015 has been filed by Ajay alias Bantu which is pending before this Court. As we have passed order for release of Km. Anshul, the revision has lost its efficacy and has become infructuous. Let this order be placed on the record of Criminal Revision No. 100 of 2015. (2) Jyoti Rathore, daughter of Ram Sevak Rathaur has been produced from Nari Niketan, Mathura. Her father Ram Sevak Rathaur is also present in this Court today and is represented by Sri Akhilendra Yadav. The C.M.O. Mathura has examined her age. She was shown to be 18 years of age as per the report of the C.M.O., Mathura, dated 26.2.2015. Jyoti Rathore states that she wants to go with her father. She was produced in the Court of Additional Sessions Judge, Court No. 3, Firozabad, where she stated that she did not want to go with her father, but wanted to go with the mother of the accused, who is in jail in Case Crime No. 172/2015, under sections 363, 366, 376 I.P.C. and sections Pocso Act, Police Station Uttar, district Firozabad. In view of the statement of Jyoti, she is directed to be set at liberty and go where she wants. She may now be taken back to Nari Niketan, Mathura and be set at liberty as per view expressed in this Court and an undertaking may be taken from Jyoti to appear before the Court concerned and to adduce her evidence. (3) Priya @ Sweta daughter of Munna Lal has been produced before us from Nari Niketan, Mathura where she is detained since 16.4.2012 by the order of S.D.M. Jalesar, District Etah in proceedings under sections 97/98 Cr.P.C. Priya @ Sweta states that she would like to go with her father Munna Lal but it appears that her father is not prepared to keep her. We find the report of C.M.O. Mathura is on record who has determined her age to be 18 years. In X-ray her elbow joint, wrist joint, knee joint were found fused though the X-ray of medial end of clavicle shows that epiphysis are not fused. In view of the fact that Sweta @ Priya is major, we are of the view that she is free to go wherever she wishes. Priya cannot be detained in Nari Niketan if she does not want to live there. She be set at liberty. However, we make it clear that she may be allowed to live voluntarily in Nari Niketan in case she finds no alternative place to live in or her father does not come to take her. Order be communicated to SDM Jalesar. (4) Kumari Meena daughter of Tara Dutta Pandey has been produced before us from Nari Niketan, Mathura. There is an order of the S.D.M. Mainpuri dated 16.7.2012 directing that Meena be kept in Nari Niketan as she was unable to disclose the correct address of her husband. The medical examination report of C.M.O., Mathura shows that Meena is aged about 25 years. There is epiphysis fusion in the elbow joint, wrist joint, knee joint and medial end of clavicle. Meena cannot be detained in Nari Niketan against her wishes. If she does not want to live therein, she is at liberty to leave the Nari Niketan. However, we make it clear that she may continue to live in Nari Niketan till she chooses to leave the Nari Niketan. Copy of the order be communicated to the S.D.M. Mainpuri within a week compliance report be sent by the S.D.M. Mainpuri within a week thereafter. (5) Roshini, a deaf and dumb girl, has been produced before this Court from Nari Niketan, Mathura. She is not able to disclose her parentage or address so far. She is detained in the Nari Niketan Mathura since 6.10.2012 by the order of City Magistrate, Mathura. In the medical examination report dated 25.2.2015, her age has been determined by the C.M.O. to be 18 years. She may be permitted to remain in Nari Niketan and every effort (including by obtaining services of specialists etc. dealing with the deaf and dumb) should be made to elicit the information regarding her parentage or address and every effort be made to restore her to her family members at the earliest. The Superintendent of Nari Niketan shall submit a report regarding the efforts made, as directed above, within a month. (6) Jamuna wife of late Ram Bahadur has been produced before us from Nari Niketan, Mathura where she is detained by the order of the C.J.M. II Agra dated 17.5.2013 because she was unable to tell her correct address. Some cases have also been mentioned in the said order, i.e., Case No. 261/13 under sections 363, 365, 366, 368 I.P.C. Baranagar, District North 24, Pargana West Bengal & Case Crime No. 115/13 under sections 279, 304-A II C, Police Station Haja. However, there is no report of Jamuna being involved in any criminal case. The C.M.O. Mathura, by the report dated 20.2.2015, determined her age to be 38 years. As there is no report that she is involved in any criminal case and further she is major and not interested to live in Nari Ni-ketan, her detention in the Nari Niketan is not required. She may be set at liberty. Copy of this order may be submitted to the A.C.M. Agra within a week whereafter the compliance report be sent to this Court by the A.C.M., Agra within three weeks. (7) Km. Nazreen, daughter of Shri Sajid Khan has been produced in custody from Nari Niketan, Mathura. She has been detained by order of the S.D.M., Hathras dated 16.8.2014 in a proceeding under section 97/1998 Cr.P.C. as information was given by Mohd Sajid Khan, the father of Nazreen that she was aged about 15 years and on initial medical examination, she was found to be aged about 17 years on the date of detention. However, Nazreen has been medically examined by the Chief Medical Officer, Mathura dated 27.9.2014 wherein it has been found that epiphysis of elbow joint, wrist joint, knee joint were fused and epiphysis of medial end of clavicles was not fused. In the opinion of the C.M.O., she was 19 years in age. She states that she does not want to stay in Nari Niketan, Mathura, and wants to go with Sadaqat, who is present in Court and is represented by Sri Khalid Mahmood, Advocate. In view of the fact that Nazreen is major, in view of the law laid down in Gian Devi she is free to go wherever she pleases as she is held to be sui juris. She states that she is willing to go with Sadaqat. In this view of the matter, Km. Nazreen is set at liberty and be allowed to go wherever she pleases. For the security of Nazreen, Sadaqat is directed to deposit Rs. 25,000/- (Rupees twenty five thousand) in a nationalized bank/post office in the form of fixed deposit for a period of not less than three years within one month in the exclusive name of Nazreen. The amount so deposited shall not be withdrawn before its maturity and will not be mortgaged. Sadaqat is directed to furnish proof before the Court concerned that he has made the fixed deposit as directed above. However, Nazreen may now be taken back to Nari Niketan, Mathura from where she shall be produced within a week by the Probation Officer before the Court concerned, who shall release her in favour of Sadaqat provided he deposits the amount as directed above. As this order has been passed in the absence of the complainant as it is not clear whether the complainant has been served with the notice or not, in case the complainant has any concrete material to indicate that Nazreen is below 18 years of age, it will be open to him to move an application for recall of this order. (8) Km. Meenu, a deaf and dumb girl has been produced before this Court from Nari Niketan, Mathura. She is not able to disclose her parentage or address so far. She has been detained by order of City Magistrate, Aligarh dated 19.9.2014. A report of C.M.O., Mathura dated 27.2.2015 has been obtained in which her age is mentioned to be about 18 years. She may be permitted to remain in Nari Niketan and every effort should be made to elicit the information regarding her parentage or address and every effort be made to restore her to her family members at the earliest, by taking the help of specialists. The Probation Officer/Superintendent, Nari Niketan, Mathura shall submit a report regarding the efforts made, as directed above, within a month. (9) Smt. Reena, wife of Bansuda has been produced in custody from Nari Niketan, Mathura. She has been detained by order of A.D.M., Fatehabad, Agra dated 18.10.2014. She appears to have lost contact with her husband at railway station thereafter she has been detained. There is a typed application addressed to S.D.M., Fatehabad, Agra through the Assistant Superintendent, Rajkiya, Mahila Sharanalya, Mathura dated 19.1.2015 where police escort has been sought to escort her to Bihar because Reena Devi has been separated from her three children. It appears that no action has been taken by the police on the said report. We are also disappointed to know that the Probation Officer has not taken any step for forwarding the application to the S.D.M., and to ensure that help is made available to Reena Devi. The police have also showed their indifferent attitude in allowing the woman who has been separated from her husband and children to remain confined in the Nari Niketan. The S.S.P., Mathura is directed to ensure that Reena Devi is escorted to her home within a week and that she is also provided with some money and travelling expenses. Let the order be complied with and a report be submitted within ten days to this Court. (10) Smt. Lalita, wife of Omveer has been produced in custody from Nari Niketan, Mathura. She has been detained by order of S.D.M., Bhogaon, Mainpuri dated 21.11.2014 on the ground that she did not want to live with her husband, who was neither interested to keep her and her two daughters aged about 7 and 2 years. Although, the action of Lalita may be reprehensible and immoral but that cannot provide any ground to detain her in Nari Niketan against her will in view of the law laid down in Gian Devi because as per report of C.M.O., Mathura dated 26.2.2015, the age of Smt. Lalita is about 30 years. In view of the matter Smt. Lalita is set at liberty and she may go wherever she likes. However, she may be taken back to Nari Niketan, Mathura from where she may be released. This order be communicated to S.D.M., Bhogaon, Mainpuri who has passed order for detention within a week. (11) Km. Savita, daughter of Komal Prasad has been produced in custody from Nari Niketan, Mathura. She has been detained by order of A.C.J.M.-II, Agra dated 19.11.2014. She is admittedly major and she was detained in the Nari Niketan because initially she had expressed that her life was in danger, consequently she intended to go with Ajay @ Arvind Vardhan who is personally present in the Court today. However, she is before this Court pursuant to the order dated 13.2.2015 and expresses her desire to go with Ajay @ Arvind Vardhan. As per report of C.M.O., Mathura dated 26.2.2015, her age is about 21 years as her epiphysis of elbow joint, wrist joint, knee joint and medial end of clavicle are all found to be fused. It has been held in Gian Devi v. Superintendent Nari Niketan, Delhi that if a person crosses 18 years of age, then she is sui juris, she can independently decide as to with whom she would like to go. She may now be taken back to Nari Niketan, Mathura form where, she may be produced before the A.C.J.M., Agra, who may pass an order of her release after obtaining an undertaking from her to appear before the Court concerned whenever required. As we are not assured whether the notice has been served on the father of Km. Savita i.e. Komal Prasad, in case there is any reliable credible material which shows that she is below 18 years of age, then Komal Prasad father of Km. Savita may move an application for recalling of this order. (12) Smt. Jamuna Devi, wife of Komal Singh has been produced from Nari Niketan, Mathura. She has been detained in the Nari Niketan, Mathura, by the order of S.D.M., Chhata, Mathura, dated 25.11.2014, wherein it is observed that as Jamuna did not want to go with her husband, but wanted to go with Mukesh, she was being detained in the Nari Niketan, Mathura. We do not think it to be a good ground to detain an adult woman, as Jamuna is an adult. The C.M.O., Mathura has determined her age as 26 years as per ossification test. In view of the law laid down in Gian Devi , no restraint can be placed on her movements, nor can she be detained in Nari Niketan, as she is an adult. She is, therefore, directed to be set at liberty. Copy of the direction may be communicated to S.D.M., Chhata, Mathura before whom proceedings under sections 98/100 Cr.P.C. were initiated. The compliance report may be submitted within a week. (13) Km. Asha daughter of Mohammad Ali has been produced before this Court from Nari Niketan, Mathura. She has been detained in Nari Niketan, Mathura, on the orders of S.D.M., Chhata dated 17.12.2014 on the ground that she was found wandering about and did not disclose her correct address and she stated that as her family members were harassing her she did not want to go to her house and there was little probability of her living with her parents. The C.M.O., Mathura has determined her age on 26.2.2015 to be 19 years, as epiphysis of the elbow, wrist and knee joints were fused, but the epiphysis of medial clavicles were not fused. She has also expressed her desire to go to her sister Geeta, who resides in Delhi. As Aasha is above 18 years in age, she cannot be detained against her will in the Nari Niketan, Mathura. She can only stay in Nari Niketan if she expresses a wish to stay there. Accordingly, we direct that she may be set at liberty. She may be taken back to Nari Niketan, Mathura from where she may be released. This order may be communicated to the S.D.M., Chhata, Mathura. The compliance report may be submitted within a week. (14) Km. Seeta Pandit, daughter of Rajesh has been produced from Nari Niketan, Mathura. She has been detained in Nari Niketan, Mathura on the orders of C.W.C., Mathura, dated 7.5.2015. She was directed to be detained, until she completed 18 years. She has been medically examined by the C.M.O., Mathura, who has submitted a report dated 26.2.2015, which mentions that Seeta Pandit is aged about 18 years. Epiphysis of the elbow, wrist and knee joints were fused, but epiphysis of medial end of clavicles were not fused. As Seeta Pandit has expressed her view to leave the Nari Niketan and to reside with her sister, who lives in Rajasthan. She cannot be detained in the Nari Niketan as she is now an adult woman. In view of the law laid down in Gian Devi , we direct that she may be set at liberty forthwith. She may now be taken back to Nari Niketan, Mathura, from where she may be released and the order may be communicated to C.W.C., Mathura and the compliance report may be submitted within a week. (15) Smt. Naresh, wife of Shri Mahaveer has been produced in custody from Nari Niketan, Mathura. She has been detained by order of the Sub-Divisional Magistrate, Sadar, Mathura dated 8.2.2015 in Misc. Case No. 1 of 2015 directing the detention of Smt. Naresh in Nari Niketan, Mathura on the ground that her husband Mahaveer with whom she does not want to reside alleges that she may be sold off by one Manoj, with whom she wants to live. It has also been mentioned that she has four children, but Smt. Naresh herself states that she has three children. She has also been medically examined by the Chief Medical Officer, Mathura, who has sent a report dated 26.2.2015 that Smt. Naresh, wife of Mahaveer is 30 years of age. The epiphysis of elbow joint, wrist joint, knee joint and medial end of clavicles were fused. She states that she is willing to go with Manoj and is not ready to stay in Nari Niketan. We are of the view that the detention of Smt. Naresh in Nari Niketan, Mathura on the order of the Sub-Divisional Magistrate, Sadar, Mathura dated 8.2.2015 is not justified on the allegations of the husband that she may be sold off and she may be detained in Nari Niketan. In this view of the matter, it is directed that Smt. Naresh be set at liberty. However, she may now be taken back to Nari Niketan, Mathura from where she shall be released. A copy of this order be forwarded to the Sub-Divisional Magistrate, Sadar, Mathura within a week and compliance report be also sent before this Court. Extract copy of the orders regarding the detention of the females shall be sent to the Magistrate under whose orders the females were detained in the protection home.
(2.) The findings, as regards the age of the females are concerned, are being given for the limited purpose of their release or detention in the Nari Niketan and the Trial Court shall not be swayed by the findings as regards the age enquiry with which we are mainly concerned in this order.
(3.) It has also come to the notice of this Court that besides the deaf and dumb females produced before this Court, there are other deaf and dumb females in the Nari Niketan who are lying there just because of the apathy and in-activeness of the Superintendent, Probation Officer and district administration. Thus, it is hereby directed that the females who are unable to speak may reveal their addresses or names of relations in any other manner in which they can make the same intelligible as by writing or by signs and in case she is illiterate, an expert be called who understands gestures and the signs made by the deaf and dumb females to enable the Superintendent, Probation Officer and the district administration to do the needful in the matter for re-uniting these hapless females with their families. This exercise should be done initially within a month and should be repeated after every three months. Also some engagement of vocational training be provided for the deaf and dumb and other inmates to make them gainfully employed after their release.;