- (1.) THIS Habeas Corpus Petition has been filed by the petitioner stating that she is a resident of Ward No.8, Nandlalpura, Tehsil Phagi, District Jaipur and that she was forced to adopt the profession of a dancer at Mumbai. In Mumbai she came in contact that one Rajesh and the two of them decided to marry but the marriage did not work out. It has been stated in the petition that out of the said marriage, two daughters were born namely Rishika and Disha who are aged 11 years and 8 years respectively. It has been stated in the petition that both these girls are studying in D.C.High School, Khandala, District Pune and staying in the hostel. The petitioner has further alleged that due to her family circumstances and financial conditions, she had to leave for Gulf countries where she performed the work of a dancer for about three to six months where she came in contact with the respondent No.6 Zahoor Alam. It is the allegation in the petition that the respondent No.6 Zahoor Alam took advantage of the petitioner and when she resisted, an attempt was made by the respondent No.6 forcing the petitioner into prostitution and he has even threatened her with dire consequences and also that he would forcibly take possession of the children of the petitioner from the care of the respondent No.7 who is the Principal of D.C.High School, Khandala, District Pune in whose hostel/school the children are residing and studying.
(2.) THE case of the petitioner is that the petitioner was sent to Bahrain and from there she managed to escape and come to Mumbai where all her passport, etc. were snatched and taken away by the respondent No.6 who even detained the petitioner in a flat in Ashok Enclave, A-Wing, 1102 Chincholi Bandar, Malaad Link Road, Mumbai with a view to force her into prostitution. With great difficulty the petitioner escaped from the clutches of the respondent No.6 and came to Jaipur where she is now engaged in a dignified job of a Helper in a Beauty Parlour in Mansarovar, Jaipur. The grievance which was raised by the petitioner is that there is danger to the life and liberty of the daughters of the petitioner and she even requested the respondents No.2 to 5 on 26.03.2012 for providing protection to the petitioner and her two daughters. Copy of the said representation is Annexure-6 on record. However, the respondents No.2 to 5 failed to provide any meaningful solution to the problem of the petitioner and hence, she has approached this court as it has come to her knowledge that the respondent No.6 is trying to take away the daughters of the petitioner who are in the care of the respondent No.7-Institution. It was stated that the educational session is to come to an end on 14.04.2012 and that the petitioner fears that two daughters of the petitioner would be forcibly taken away by the respondent No.6 and he will hold the daughters in illegal detention depriving the petitioner who is mother from the custody of the children. The grievance of the petitioner further is that the respondent No.6 only wants to take the custody of the children to bring pressure upon the petitioner to return to the same old profession which the petitioner was being compelled to follow at the instance of the respondent No.6 by keeping the two daughters of the petitioner as hostages. This court after hearing the learned counsel for the petitioner on 05.04.2012, when the matter came up before the court, passed the following order:- "This petition has been filed by the petitioner alleging that she has admitted her two daughters namely; Rishika and Disha, aged 11 & 8 yrs. in the D.C. High School, Khandala, District Pune in Maharashtra and they are studying there in Class VI & III respectively and are residing in the hostel of the said school. The reason for filing this petition is that the petitioner is under constraint from respondent No.6 who has threatened that he would not allow her two daughters to leave Pune and join the petitioner. As such, the allegation is with regard to the threat and apprehension of unlawful detention of two minor girls by the respondent No.6. The prayer made in the petition is for production of the two daughters of the petitioner namely; Rishika and Disha before this Court. The petitioner has arrayed the Commissioner of Police, Mumbai as well as the Commissioner of Police, Pune as parties to this petition as respondent Nos.3 & 4 and the Commissioner of Police, Jaipur as well as State of Rajasthan through Director General of Police as party to this petition as the respondent Nos.1 & 2 so also respondent No.6 against whom there is an apprehension that he would not permit the two daughters of the petitioner to join their mother (petitioner). The Principal of D.C. High School, Khandala, District Pune has also been impleaded as respondent No.7. With a view to ascertain the facts as mentioned in the petition, we would like to issue notices to all the respondents, returnable within 10 days. It has been submitted that the School where the daughters of the petitioner are residing/studying is due to close for summer vacation w.e.f. 14.04.2012. In that view of the matter, we would direct that the respondent No.4, Commissioner of Police, Pune would make the arrangement for safe journey of two daughters of the petitioner to Jaipur. The Commissioner of Police, Jaipur would also send a team consisting of one Inspector and a lady SI/ASI along with two lady constables from Jaipur. They would contact the Commissioner of Police, Pune along with a copy of this order for escorting the two daughters of the petitioner to Jaipur. The Principal, D.C. High School, Khandala, Pune shall hand over the custody of the two children, Rishika and Disha to the Commissioner of Police, Pune or an officer deputed by him. On their arrival at Jaipur, they will be kept in the care of Superintendent, Children Home, Gandhi Nagar, Jaipur, who will produce the two daughters of the petitioner before this Court on 16.04.2012. Let the matter be listed in Court on 16.04.2012. The respondents may file their reply on or before 16.04.2012 to the writ petition."
(3.) IN pursuance of our order dated 05.04.2012, the INspector of Police from the Jaipur Commissionerate Mr.Mahesh Sharma was sent by the Jaipur Police to contact the respondent No.7-INstitution where two daughters of the petitioner were studying and he has taken charge of both the daughters of the petitioner namely Rishika and Disha and brought them to Jaipur. After bringing the two daughters of the petitioner to Jaipur, they were kept in the care of the Superintendent, Children Home, Gandhi Nagar, Jaipur and produced before us today. We have heard learned counsel for the petitioner as well as learned counsel for the State and Mr.Mahesh Sharma, the Inspector who went to Khandala to recover two daughters of the petitioner who are aged 11 and 8 years respectively and studying in Class-V and Class-III in the school at Khandala and they have appeared in the examination. We would not like to recount here all the circumstances which Mr.Mahesh Sharma, C.I. has narrated before us about the events and information which he gathered at Khandala and at Jaipur in view of the order that we propose to pass in this case. Prima facie, we are of the view that the ends of justice would be met if the two daughters of the petitioner, whom we consider to be "children in need of care and protection" in terms of the Juvenile Justice (Care and Protection of Children) Act, 2000 looking to the vulnerability of these children and in view of the background and facts which have been narrated hereinabove, be produced before the Child Welfare Committee as required by Rule 27 of the Rules of 2007 tomorrow i.e. 17.04.2012 for being dealt with in accordance with the provisions of the Juvenile Justice (Care and Protection) Act, 2000 and Rules of 2007. The Child Welfare Committee will follow the procedure as provided under the Act of 2000 and Rules of 2007 for holding the enquiry with regard to who is the best person suited for being entrusted the care of the children post enquiry as well as during the pendency of the enquiry. The Committee shall consider issuing necessary directions, if required, to ensure that the education of the children is carried out and they are admitted to a reasonable school where they can pursue their education during time when enquiry is being conducted. For this purpose, the Child Welfare Committee can contact some private educational institute in Jaipur for providing facilities of education to the two daughters of the petitioner in accordance with the provisions of Right to Education Act which requires 25% of the seats to be reserved for the categories of persons as mentioned in the said Act, in case the children of the petitioner fall within those categories. ;