Calcutta High Court (Appellete Side)
Ranjan Nath vs The State Of West Bengal & Others on 17 August, 2022
17.08.2022
Court No.32
rpan/01
WPA (H) 62 of 2022
Ranjan Nath
- Versus -
The State of West Bengal & Others
Mr. Jayanta Narayan Chatterjee,
Ms. Nandini Chatterjee,
Mr. Supreem Naskar,
Ms. Jayashree Patra,
Mr. Pritha Sinha
... for the Petitioner.
Mr. Debabrata Chatterjee,
Mr. Simanta Kabir
... for the State.
Mr. Partha Sarathi Bhattacharya,
Mr. Shibaji Kumar Das,
Ms. Rupsa Sreemani
... for the Respondent no.7.
Mr. Kalyan Kr. Chakraborty,
Ms. Anjana Mehebub,
Mr. Ashok Halder
... for the Respondent no.12.
The present habeas corpus petition has been
preferred primarily praying for the following relief:
'b) A writ in the n nature of Habeas Corpus do
issue directing the respondents especially and
more particularly the respondent police
authorities to take immediate steps to recover,
rescue and production of Shyamolima Bhaumik
from illegal and forceful detention.'
Mr. Chatterjee, learned advocate appearing for
the petitioner submits that the petitioner was in a live-
in relationship with one Shyamolima Bhaumik, being
the victim lady, since October, 2017. In view of such
relationship, the victim was not treated well by her
family members. On 18th March, 2021 when the victim
was leaving her parental house, she was abused and
tortured by her family members, particularly by her
mother, being the respondent no.7 herein and the
neighbours. She was also administered certain
medicines by the respondent no.7 forcibly. A complaint
to that effect was lodged by the victim on 20 th March,
2021. The said complaint was registered as FIR and
Jadavpur Police Station Case no.115 dated 20 th March,
2021 under Sections 341/323/354/509/114 of the
Indian Penal Code was registered but appropriate steps
were not taken by the police authorities. Subsequent
thereto, the petitioner came to learn that the victim
had been illegally detained at Genesis Foundation (in
short, the said foundation), which is stated to be a
rehabilitation centre, being the respondent no.12
herein. A formal complaint to that effect was also
lodged by the petitioner before the Officer-in-charge,
Narendrapur Police Station on 21st October, 2021 but
no steps have been taken. Aggrieved thereby, the
petitioner was constrained to prefer the present writ
petition.
According to Mr. Chatterjee, the victim had been
illegally detained in the said foundation and she
should be immediately released so that she may
peacefully reside along with the petitioner.
Mr. Kabir, learned advocate appearing for the
State categorically denies that the State authorities
have failed to discharge their statutory obligations. The
allegations as levelled against the State authorities are
absolutely unfounded.
Mr. Bhattacharya, learned advocate appearing
for the respondent no.7 argues that the present
petition itself is not maintainable since her daughter is
not under illegal detention. As her daughter was not
taking her medicines regularly and as her health
condition was deteriorating, the respondent no.7
shifted her to the said foundation. In support of his
argument, Mr. Bhattacharya has placed reliance upon
a judgment delivered in the case of Shafin Jahan Vs.
Asokan K. M. & Others, reported in (2018)16 SCC 368.
Mr. Chakraborty, learned advocate appearing for
the respondent no.12 denies the allegations as levelled
against the said foundation and submits that the
victim has been kept in an accommodation provided by
the said foundation and she is residing there on her
own volition. Her medical needs are being attended to
by the said foundation under the supervision of the
doctors. Answering our query, he submits that the
respondent no.7 is paying an amount of Rs.7,500/-
per month to the said foundation.
In reply, Mr. Chatterjee submits that the said
foundation has no right whatsoever to keep the victim
in its custody. It is not an approved rehabilitation
center and is not functioning in terms of the guidelines
under the 'Central Sector Scheme of Assistance of
Prevention of Alcholism and Substance (Drugs) Abuse
and for Social Defence Services'.
Pursuant to an order passed by a co-ordinate
Bench of this Court on 17th March, 2022, the Secretary
of the District Legal Services Authority, South 24-
Parganas had recorded the statement of the victim and
filed a report before this Court. Pursuant to the said
order and an order dated 29th July, 2022, a further
report has been filed upon causing a inspection in the
said rehabilitation center. Let the said reports be kept
on record.
Heard the learned advocates appearing for the
respective parties and perused the medical reports as
well as the statement of the victim, as recorded
pursuant to the order of this Court.
A writ in the nature of habeas corpus is a
prerogative writ by virtue of which the causes and
validity of detention of a person are investigated by a
summary procedure. In the present case, the victim is
a lady of about 29 years. The place where she is now
residing has already been disclosed. She is an adult
lady and has the discretion to decide where she should
reside. There is no material on record to infer that the
victim has been illegally detained in the said
foundation.
In the said conspectus, no further interference is
called for in the present habeas corpus petition, being
WPA (H) 62 of 2022 and the same is, accordingly,
disposed of.
Nothing in this order shall, however, prevent the
petitioner from initiating appropriate proceedings
before any other court or in any forum seeking relief,
in accordance with law.
There shall, however, be no order as to costs.
Urgent photostat certified copy of this order, if
applied for, be supplied to the parties, upon
compliance of all requisite formalities.
(Raja Basu Chowdhury, J.) (Tapabrata Chakraborty, J.)
