Gulshan Akhter v. State Of Punjab & ORS

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision : 19.08.2016 Gulshan Akhter ....Petitioner versus State of Punjab and others ..Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Inderjit Sharma, Advocate for the petitioner.

Ms. Anmol Grewal, DAG, Punjab **** RITU BAHRI , J. (Oral) The petitioner, being minor, has approached this Court by way of filing this petition for protection through one Gurbakhshish Singh, who is resident of Village Mansa Khurd, District Mansa. Both of them have stated that they are involved in social welfare and are having no adverse interest in this case. They are also having sufficient means to support the petitioner. Petitioner is residing with said Gurbakhshish Singh for the last six days and is also interested in residing with him. Gurbakhshish Singh has also submitted before this Court that his whereabouts may be verified regarding the activities carried out by him or his family members and even his resources. His purpose is only to help the helpless persons as earlier also a mental patient was being look after by him, which is even in the knowledge of local authorities.

The case of the petitioner is that her mother had expired in the month of October, 2015. She was sold by private respondents to one Gulam Muhammad Banni who brought her to Mandi Gobindgarh and committed rape upon her for which an FIR No.2 dated 05.01.2016 was also registered

under Sections 342, 506 and 376-D IPC at Police Station Mandi Gobindgarh. Thereafter, said Gulam Muhammad Bani contacted the private respondents, who illegally claimed the custody of the petitioner from the Court and took her back to her native village. Now, the petitioner is apprehending threat to her life at the hands of private respondents and is also having fear that she might be sold again or her family members may compel her to involve in certain illegal activities. This Court vide order dated 18.05.2016 directed the State to verify the facts mentioned in the order and also the whereabouts of Gurbakhshish Singh.

Today, learned State counsel has filed an affidavit of Mr. Rajnish Kumar, Addl. Director of Department of Social Security and Women and Child Development, Punjab wherein it has been stated that the the respondent-department has got conducted an inquiry of Mr. Gurbakhshish Singh through Child Welfare Committee, Mansa and as per report (R-1) it was found that Gurbakhshish Singh is involved in many social works and has also kept one mentally retarded lady namely Mrs. Parmjit Kaur (aged 40-42 years), who was wandering on the roads. The petitioner also gave her consent to stay with his family. It was recommended that Gurbakhshish Singh is a fit person and petitioner will be safe in his custody. Gurbakhshish Singh has also given an affidavit to this effect (R-2). Annexure R-3 are the name of children homes which the State of Punjab has established for the children who are in need of care and protection.

Keeping in view the fact that the committee has found Gurbakhshish Singh to be the fit person to take care of petitioner and even

petitioner had given her consent, no further orders are required to be passed in the present petition and Gurbakhshish Singh shall take care of the petitioner.

The petition stands disposed of.

19.08.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No