Jakar v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRWP-585-2025 Date of decision: January 29th, 2025 Jakar .....Petitioner

Versus

State of Haryana and others .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Afjal Hussain, Advocate for the petitioner.

Mr. Yuvraj Shandilya, Assistant Advocate General, Haryana.

Mr. Salman Ahmed, Advocate, for respondent No.4. MANJARI NEHRU KAUL , J. (ORAL) The instant petition was filed by the petitioner for issuance of a writ in the nature of habeas corpus for the release of his minor daughter (alleged detenue) from the custody of respondent No.4. 2.

It has been argued by the learned counsel on the previous date that petitioner's minor daughter had been illegally detained by respondent No.4, in connivance with the local police. 3.

In view of the submissions made by the learned counsel for the petitioner, a Warrant Officer had been appointed to search for the detenue at the place, where she had allegedly been illegally detained or any other place that may be pointed out by the petitioner and thereafter the case was adjourned to 29.01.2025.

4.

However, in the meanwhile, an application was moved on behalf of the petitioner, wherein he stated that he did not want to avail the services of the Warrant Officer as he was not aware about the whereabouts of the alleged detenue as well as the respondents. 5.

When the case came up for hearing today, the alleged detenue i.e. daughter of the petitioner presented herself before this Court. She was called inside the chamber of the undersigned, wherein she categorically made a statement that she did not want to accompany PUNEET SACHDEVA 2025.01.29 16:43 I attest to the accuracy and integrity of this document Chandigarh

CRWP-585-2025 -2the petitioner as she apprehended threat to her life at his hands. Instead, she stated that as she is a minor, she may be sent to some safe house/Nari Niketan.

6.

The duly signed statement made by the alleged detenue has been given by her in the Court today, which is taken on record subject to just exceptions.

7.

In the facts and circumstances as enumerated hereinabove, more so when the alleged detenue, who is about 17 years, has categorically declined to accompany the petitioner in view of the alleged threat perception, and a request having been made by the alleged detenue that she be instead sent to a safe house/Nari Niketan, this Court deems it appropriate to direct that alleged detenue be taken to safe house/Nari Niketan, Karnal, till she attains the age of majority. 8.

Learned State counsel is directed to take necessary measures to inform the quarters concerned for taking the alleged detenue to Nari Niketan, Karnal.

9.

In view of the above, the instant petition stands disposed of.

10.

Copy of this order be given to the learned State counsel under signatures Bench Secretary of this Court. January 29th, 2025 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2025.01.29 16:43 I attest to the accuracy and integrity of this document Chandigarh