Jharkhand High Court
Ankit Kishor Nath Sahi vs The State Of Jharkhand on 22 October, 2024
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(Cr.) (Hb) No. 752 of 2024
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Ankit Kishor Nath Sahi, age-29 years, s/o Shri Anand Kishore Nath
Sahi, R/o Village Chakla, P.O. Chakla, P.S. Chandwa, Dist. Latehar,
Jharkhand - 829203.
... ... Petitioner
Versus
1. The State of Jharkhand.
2. Director General of Police, Government of Jharkhand, Jharkhand
Police Headquarters, P.O. and P.S. Hatia, Dist.-Ranchi-834003.
3. Superintendent of Police, Latehar, Jharkhand Police, P.O. and P.S.
Latehar, Dist.-Latehar, Jharkhand-829206.
4. Station House Officer, Chandwa Thana, P.O. and P.S. Chandwa,
Dist.-Latehar, Jharkhand-829203.
5. Director General of Police, Uttar Pradesh Police, Police
Headquarters, 9th Floor, Tower 2, P.O. and P.S. Gomtinagar Ext.,
Shahid Path, Dist.-Lucknow, Uttar Pradesh-226001.
6. Superintendent of Police, Bagpat, Uttar Pradesh Police, P.O. and P.S.
Baghpat, Dist.-Bagpat, Uttar Pradesh-250609.
7. Station House Officer, Baraut Thana, Uttar Pradesh Police, P.O. and
P.S. Baraut, Dist. Bagpat, Uttar Pradesh-250611.
8. National Commission for Women (NCW) through its Chairperson,
Plot-21, Jasola Institutional Area, P.O. and P.S. New Friends
Colony, Dist.-New Delhi-110025.
9. Jharkhand State Women Commission through its Chairperson,
Engineers Hostel No.-2, First Floor, P.O. and P.S. Dhurwa, Dist.-
Ranchi (Jharkhand)-834004.
10.Uttar Pradesh State Women Commission through its Chairperson,
Human Rights Building 3rd Floor, T.C.-34, Opposite Indira Gandhi
Pratisthan, V-1, Vibhuti Khand, P.O. and P.S. Gomti Nagar, Dist.-
Lucknow (Uttar Pradesh)-226010.
11.Jharkhand Human Rights Commission, through its Chairperson,
Town Administrative Building, Near Golchakar, P.O. and P.S.
Dhurwa, Dist.-Ranchi (Jharkhand)-834004.
12.Yakub Khan, s/o Late Kurban Khan, r/o Village Chakla, P.O.
Chakla, P.S. Chandwa, Dist.-Latehar, Jharkhand-829203.
13.Jawed Choudhary, s/o Unknown, R/o Village Jalalpur, P.S. Baraut,
P.O. Baoli, Dist.-Baghpat, Uttar Pradesh-250621.
14.Rijwana Praween, age 22 years, d/o Shri Yakuv Khan, r/o Village
Chakla, P.O. Chakla, P.S. Chandwa, Dist.-Latehar, Jharkhand -
829203.
... ... Respondents
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : Mr. Rajveer Singh, Advocate
For the Resp.-State : Mr. Deepankar Roy, AC to GA-III
-----------
nd
04/Dated: 22 October, 2024
1. The instant writ petition has been filed under Article 226 of the
Constitution of India for issuance of writ of Habeas Corpus making
therein following prayers:
(A) For issuance of an appropriate writ(s) / order(s) / direction(s) or
a writ in the nature of Habeas Corpus or any other writ, order, or
direction as may be deemed appropriate by this Hon'ble Court,
directing the Respondent Nos. 2 and 3 to take immediate and
necessary steps to secure the safety and well-being of Respondent
No. 14 by producing her before this Hon'ble Court under police
protection, safeguarding her from Respondent Nos. 12, 13, and
any other relative who may pose a threat to her safety and liberty.
(B) For issuance of an appropriate writ(s) / order(s) / direction(s) or
a writ in the nature of Mandamus, directing Respondent Nos. 5
and 6 to take all required measures and to provide necessary
assistance to Respondent Nos. 2 and 3 in safely bringing
Respondent No. 14 before this Hon'ble Court, ensuring her
protection during the entire process and in compliance with this
Court's orders.
(C) For issuance of an appropriate writ(s) / order(s) / direction(s) or
a writ in the nature of Mandamus, directing the State authorities
including Respondent No. 2, 3, 4, 9 and 11 to grant protection to
Respondent No. 14, ensuring her liberty to live independently,
free from the influence, coercion, or control of Respondent Nos.
12 and 13, and to ensure that she is not harassed, intimidated, or
otherwise troubled by them.
(D) For issuance of an appropriate writ(s) / order(s) / direction(s) or
a writ in the nature of Mandamus, directing the State authorities
including Respondent No. 9 and 11 to provide adequate
assistance to Respondent No. 14, including shelter, sustenance,
and other basic necessities, to ensure her survival and well-being
in a secure environment, free from any threats posed by
Respondent Nos. 12 and 13.
(E) For issuance of an appropriate writ(s) / order(s) / direction(s) or
a writ in the nature of Mandamus, directing Respondent Nos. 2
and 3 to conduct a thorough inquiry into the matter, including the
conduct of Respondent No. 4, and to take appropriate action
against him for his failure to properly address the complaint of
the Petitioner, thereby failing in his duty to protect the life and
liberty of Respondent No. 14.
(F) For issuance of an appropriate writ(s) / order(s) / direction(s) or
a writ in the nature of Mandamus, directing Respondent Nos. 9
and 11 to show cause as to why appropriate action should not be
taken against them for their respective roles and actions in the
matter, and for this Hon'ble Court to take such actions as may be
deemed appropriate based on their responses.
(G) For issuance of an appropriate writ(s) / order(s) / direction(s) or
a writ in the nature of Mandamus, directing Respondent No. 8 to
take immediate and appropriate action against Respondent No.
10, for willfully neglecting and disregarding the multiple
complaints submitted by the Petitioner.
(H) For issuance of an appropriate writ(s) / order(s) / direction(s) or
a writ in the nature of Mandamus, directing Respondent No. 8 to
thoroughly examine and address the lack of coordination between
Respondent Nos. 9 and 10, and to assess the conduct of
Respondent No. 9, particularly in relation to the failure to appoint
a Chairperson, with appropriate corrective measures being taken
to prevent future lapses.
(I) For issuance of an appropriate writ(s) / order(s) / direction(s) or
a writ in the nature of Mandamus, restraining Respondent Nos.
12 and 13 from approaching or contacting Respondent No. 14
and the Petitioner, considering the serious security and safety
concerns raised, and to ensure that both Respondent No. 14 and
the Petitioner are fully protected from any potential harm or
harassment.
And/Or
(J) For issuance of any other appropriate writ (s) / order (s)
/direction (s), for any other relief which this Hon'ble Court thinks
just and proper in the facts and circumstances of this case for
doing conscionable justice to the Petitioner and Respondent No.
14.
2. At the outset, it needs to refer herein that in view of the office note
dated 16.10.2024 with respect to service of notice upon the
respondent no.13 is concerned, it has been noted that the service
report has not been received but as is appearing from the statement
of the respondent no.13 having been recorded before the JHALSA on
his appearance through virtual mode with the assistance of DLSA,
Baghpat along with his counsel namely, Mr. Rajiv Kumar having
Enrolment No.UP/09319/2009 who is a practicing counsel in the
District Court, Baghpat (U.P.) as has been informed by the learned
State counsel, as such, the service is complete and today also, the
respondent no.13 has appeared through virtual mode.
3. The case as per the pleading made in the writ petition which requires
to be enumerated herein, reads as under:
The Petitioner and Respondent No. 14 have been close friends
and, in a relationship, and are residents of the same village.
On 10.05.2023, Respondent No. 14 got married to Zahid
Khan. Shortly after her marriage, Respondent No. 14 contacted the
Petitioner and disclosed the circumstances of her marriage and the
distress she was experiencing in her marital life.
On 23.05.2023, Respondent No. 14, acting on her own
volition, left her home with the Petitioner's assistance.
On 26.05.2023, acting on a complaint lodged by Respondent
No. 12, the Latehar Police apprehended both the Petitioner and
Respondent No. 14. Following a thorough investigation, the police
filed a closure report, finding no grounds for further action.
In May 2024, Zahid Khan, issued a divorce (Talaq) to the
respondent No.14 in Chatra, Jharkhand, by means of Triple Talaq.
It is the case of the petitioner that in the last week of June
2024, Respondent No. 14 informed the Petitioner that Respondent
No. 12 and his son had unlawfully sold her, for an undisclosed sum,
to Respondent No. 13 where she was being subjected to physical
torture and assault. Subsequently, Respondent No. 13 took
Respondent No. 14 to his residence in Baghpat District, Uttar
Pradesh.
In the month of June 2024, the Petitioner received a phone call
from Respondent No. 14, who sought assistance and protection for
her life and liberty.
On 04.07.2024, the Petitioner visited Chandwa Police Station
in Latehar, Jharkhand, to file a complaint regarding the urgent and
dangerous situation of Respondent No. 14. However, the same was
not registered.
On 11.07.-2024 and 12.07.2024, the Petitioner contacted the
Uttar Pradesh State Women Commission (Respondent No. 10),
seeking assistance for Respondent No. 14 but there was lack of
response from the State Women Commission. Thereafter, on
15.07.2024, the Petitioner contacted the Jharkhand State Women
Commission (Respondent No. 09) seeking urgent assistance for
Respondent No. 14 but again lack of response was there.
On 18.07.2024, the Petitioner also contacted the Mahila Thana
of Baghpat District, Uttar Pradesh Police and on 30.07.2024, the
Petitioner personally visited the Office of the Uttar Pradesh State
Women Commission in Lucknow, Uttar Pradesh, to submit a formal
request seeking urgent assistance for Respondent No. 14 but the
Petitioner was informed by the officers present that they would only
entertain a complaint submitted by a relative or family member of
Respondent No. 14.
It is the case of the petitioner that after exhausting all the
possibilities, the instant writ petition has been filed for issuance of
writ of habeas corpus.
4. The matter was heard by this Court on 03.10.2024.
5. Learned counsel for the petitioner based upon the judgment passed
by the Hon'ble Apex Court in Devu G Nair V. The State of Kerala &
Others in Special Leave Petition (Criminal) No.1891 of 2023 has
submitted by referring to the pleading made by the petitioner that it
is a fit case where the writ of habeas corpus needs to be issued since
the respondent no.14 is subjected to torture under the illegal
confinement since she has forcefully solemnized marriage with
respondent no.13, who is a resident of District-Baghpat, Uttar
Pradesh.
6. This Court had heard the learned counsel for the petitioner in
presence of learned counsel for the respondent-State and taken into
consideration the judgment rendered by the Hon'ble Apex Court in
Devu G Nair V. The State of Kerala & Others (supra) wherein at
paragraph-16 guidelines have been issued to entertain the writ of
Habeas Corpus for police protection. For ready reference, paragraph-
16 is being reproduced as under:
"16. Guidelines for the courts in dealing with habeas corpus petitions
or petitions for police protection are formulated below:
a. Habeas corpus petitions and petitions for protection filed by a
partner, friend or a natal family member must be given a priority in
listing and hearing before the court. A court must avoid adjourning
the matter, or delays in the disposal of the case;
b. In evaluating the locus standi of a partner or friend, the court must
not make a roving enquiry into the precise nature of the relationship
between the appellant and the person;
c. The effort must be to create an environment conducive for a free
and uncoerced dialogue to ascertain the wishes of the corpus;
d. The court must ensure that the corpus is produced before the court
and given the opportunity to interact with the judges in-person in
chambers to ensure the privacy and safety of the detained or missing
person. The court must conduct in-camera proceedings. The recording
of the statement must be transcribed and the recording must be
secured to ensure that it is not accessible to any other party;
e. The court must ensure that the wishes of the detained person is not
unduly influenced by the Court, or the police, or the natal family
during the course of the proceedings. In particular, the court must
ensure that the individuals(s) alleged to be detaining the individual
against their volition are not present in the same environment as the
detained or missing person. Similarly, in petitions seeking police
protection from the natal family of the parties, the family must not be
placed in the same environment as the petitioners;
f. Upon securing the environment and inviting the detained or missing
person in chambers, the court must make active efforts to put the
detained or missing person at ease. The preferred name and pronouns
of the detained or missing person may be asked. The person must be
given a comfortable seating, access to drinking water and washroom.
They must be allowed to take periodic breaks to collect themselves.
The judge must adopt a friendly and compassionate demeanor and
make all efforts to defuse any tension or discomfort. Courts must
ensure that the detained or missing person faces no obstacles in being
able to express their wishes to the court;
g. A court while dealing with the detained or missing person may
ascertain the age of the detained or missing person. However, the
minority of the detained or missing person must not be used, at the
threshold, to dismiss a habeas corpus petition against illegal detention
by a natal family;
h. The judges must showcase sincere empathy and compassion for the
case of the detained or missing person. Social morality laden with
homophobic or transphobic views or any personal predilection of the
judge or sympathy for the natal family must be eschewed. The court
must ensure that the law is followed in ascertaining the free will of the
detained or missing person;
i. If a detained or missing person expresses their wish to not go back
to the alleged detainer or the natal family, then the person must be
released immediately without any further delay;
j. The court must acknowledge that some intimate partners may face
social stigma and a neutral stand of the law would be detrimental to
the fundamental freedoms of the appellant. Therefore, a court while
dealing with a petition for police protection by intimate partners on
the grounds that they are a same sex, transgender, inter-faith or inter-
caste couple must grant an ad-interim measure, such as immediately
granting police protection to the petitioners, before establishing the
threshold requirement of being at grave risk of violence and abuse.
The protection granted to intimate partners must be with a view to
maintain their privacy and dignity;
k. The Court shall not pass any directions for counselling or parental
care when the corpus is produced before the Court. The role of the
Court is limited to ascertaining the will of the person. The Court must
not adopt counselling as a means of changing the mind of the
appellant, or the detained/missing person;
l. The Judge during the interaction with the corpus to ascertain their
views must not attempt to change or influence the admission of the
sexual orientation or gender identity of the appellant or the corpus.
The court must act swiftly against any queerphobic, transphobic, or
otherwise derogatory conduct or remark by the alleged detainers,
court staff, or lawyers; and
m. Sexual orientation and gender identity fall in a core zone of
privacy of an individual. These identities are a matter of self-
identification and no stigma or moral judgment must be imposed when
dealing with cases involving parties from the LGBTQ+ community.
Courts must exercise caution in passing any direction or making any
comment which may be perceived as pejorative."
7. This Court, in view of the aforesaid, had issued notice to respondent
nos.12, 13 and 14 and matter was directed to be listed on 17.10.2024
to be heard in Chamber.
8. When the matter was heard on 17.10.2024, the father, i.e.,
respondent no.12; the girl, i.e., respondent no.14, had appeared.
9. This Court had interacted with them as also with the petitioner in
presence of the learned counsel for the respondent-State and passed
the following order:
"Order No. 03/Dated 17th October, 2024
1. Reference may be made to the order dated 03.10.2024.
2. It appears from the office note dated 16.10.2024 that the notice
has been served upon Respondent No.14 and Respondent No.12, who
is father of Respondent No.14.
3. This Court has called upon the parties in view of the law laid
down by Hon'ble Apex Court in the case of Devu G Nair V. The
State of Kerala & Others passed in Special Leave Petition
(Criminal) No.1891 of 2023.
4. We have interacted with Respondent No.12, father of Respondent
No.14.
5. The petitioner is also present.
6. The father has expressed his wish that since the Respondent
No.14, who happens to be his daughter, is major, she can live with
the petitioner, as per her will, if the petitioner is ready to keep her as
wife.
7. The Respondent No.12 has submitted that since the Respondent
No.14-his daughter, has become major, as such, she is free to
solemnize marriage according to her wish.
8. We have also interacted with the petitioner. He has also expressed
his willingness to live with Respondent No.14, who is having the age
of 22 years.
9. The petitioner, in course of interaction, has undertaken that he
will lead his married life with Respondent No.14 by giving her all
dignity, care and protection.
10. The Respondent No.14 has also shown her willingness to live
with the petitioner as wife.
11. This Court, taking into consideration the willingness shown by
the petitioner, Respondent No.14 and Respondent No.12 who is
father of Respondent No.14, is of the view that the matter be sent
before the JHALSA to have a report in this regard for passing
further necessary order.
12. The parties are ready and willing to appear before the learned
Member Secretary, JHALSA for the aforesaid purpose.
13. This Court has thought it proper to direct the parties to appear
before the learned Member Secretary, JHALSA on 21.10.2024.
14. However, Respondent No.12 has stated that the Respondent
No.14 has already solemnized marriage with Respondent No.13 who
lives in the district of Baghpat, Uttar Pradesh.
15. This Court has already issued notice to Respondent No. 13 but as
per the office note, the service report of notice has not yet been
received.
16. Mr. Deepankar Roy, learned AC to G.A.-III, has submitted that
he will secure appearance of Respondent No.13 on 21.10.2024
through virtual mode to have an interaction with the learned
Member Secretary, JHALSA.
17. Learned Member Secretary, JHALSA is also directed to contact
with his counterpart, i.e., DALSA, Baghpat for the aforesaid
purpose.
18. Learned Member Secretary, JHALSA is directed to record the
statement of all the parties concerned, i.e., the petitioner,
Respondent No.12, 13 and 14, and submit a report in this regard
along with the statement before the next date of hearing.
19. The father, in course of interaction, has stated that he is not
willing to keep his daughter with him due to the pressure of the
society.
20. The petitioner has shown his readiness to keep the Respondent
No.14 with him but such direction cannot be passed at this stage.
21. This Court, in view thereof and in order to provide the protection
to the life of the Respondent No.14, is of the view that she be
accommodated in the Probation Home, situated at Namkum, Ranchi
for the present.
22. Mr. Deepankar Roy, learned AC to G.A.-III has submitted before
this Court that Respondent No.14 will be accommodated in the
Probation Home, Namkum, Ranchi.
23. Learned Member Secretary, JHALSA is directed to personally
look after that all the convenience be given to Respondent No.14.
24. Let such exercise be done in course of the day itself considering
the security and protection of Respondent No.14.
25. Learned counsel appearing for the petitioner has submitted that
the petitioner is also being threatened.
26. This Court, considering the same, hereby directs the
Superintendent of Police, Latehar to ensure the security of the
petitioner along with his family.
27. It is made clear that if any mis-happening will be there, the
Superintendent of Police, Latehar will be held responsible for the
same.
28. The Senior Superintendent of Police, Ranchi is also directed to
ensure security of Respondent No.14 who is currently at Probation
Home, Namkum, Ranchi.
29. Let this matter be listed on 22.10.2024 at 10:30 A.M. in the
Chamber.
30. All the parties are directed to personally appear on 21.10.2024
at 10:00 A.M. before JHALSA and on 22.10.2024 at 10:30 A.M.
before this Court.
31. Learned State counsel is directed to ensure the appearance of
Respondent No.14 before JHALSA ON 21.10.2024 at 10:00 A.M.
32. Let this order as also order dated 03.10.2024 be communicated
forthwith to the learned Member Secretary, JHALSA along with the
copy of the writ petition."
10. In compliance of the said order, the respondent No.12, 14 and the
petitioner appeared before the JHALSA as also the respondent no.13
appeared through virtual mode with the assistance of the District
Legal Services Authority, Baghpat. Their statements have been
recorded based upon that, a report has been prepared by the Member
Secretary, JHALSA, as such, the same along with their statements
has been placed before this Court under the sealed cover. For ready
reference, the said report is being reproduced as under:
REPORT
Case No. : W.P(Cr.)(HB) No. 752 of 2024
Petitioner, Respondent No. 12, and 14 has physically
appeared and Respondent No.13 has virtually appeared through
video conferencing before the undersigned (Member Secretary,
JHALSA) at JHALSA on 21.10.2024 for recording of statements.
In compliance of the direction of Hon'ble Court, the
undersigned has recorded the statement of Parties' i.e. Petitioner,
Respondent No. 12, 13 and 14.
Petitioner in his statement has stated that he wants to keep
Rizwana Parween along with him and wishes to lawfully marry with
her. Both were in love relationship but her family member and
society separated them and solemnized her marriage with offer.
After her marriage her husband divorced her. Thereafter her father
again got her married with Javed Choudhary in Baghpat district,
UP. After marriage she went there. One day she texted him on
WhatsApp that her husband Javed used to beat her and she insisted
him to take her away from there else she would be killed. She was
being subjected to cruelty. He contacted all forums for action but
when no action was taken he approached Hon'ble High Court of
Jharkhand for relief. He further stated that he wishes that Rizwana
Parween may be sent along with him and she may be married with
him. He wants to keep her as legally valid wife.
Respondent N. 12 stated in his statement that Rizwana
Khatoon is his daughter. He married her twice but she wants to live
with Ankit. Now he does neither want to keep her with him nor to
extend any support. He does not want to keep any relation with her
nor does have any concern. He wants to free from her in all ways.
The statement of Respondent No. 13 has been recorded
through Video Conferencing. He stated in his statement that since
she does not want to live with him hence, he will give her divorce.
He wants to give her divorce through "Talaq-e-ahsan". The process
of "Talaq-e-ahsan" would get completed in three months.
Respondent No.14 stated in her statement that she was in
love relationship with Ankit Kishore Lal Sahi but her family got her
married with Jahid. He divorced her. Her family again got her
forcefully married with Javed Choudhary second time in Baghpat,
UP. Javed used to tortured her. Ankit approached Hon'ble
Jharkhand High Court for relief. She further stated that now she
does not want to live with Javed Choudhary at any cost and wishes
to live with Ankit. The Court may order of allowing me to live with
Ankit and punish Javed for subjecting me to harassment. She has
further stated that she has given khula talaq to Javed.
The report is submitted by undersigned for kind perusal
and needful of Hon'ble Court.
Member Secretary.
11. The matter when taken up today, i.e., on 22.10.2024, we have gone
through the statements and the report of the Member Secretary,
JHALSA.
12. Today, this Court has also interacted with the respondent no.12,
respondent no.14, the petitioner and has also interacted with
respondent no.13 who had appeared through virtual mode (through
Mobile No.xxxxxx9874) along with his counsel, namely, Mr. Rajiv
Kumar with the assistance of DLSA, Baghpat.
13. The respondent no.13 has reiterated the statement which he had
made before the JHALSA.
14. In the aforesaid backdrop, this Court, therefore, is of the view that
the petitioner has filed the instant writ petition under Article 226 of
the Constitution of India for issuance of writ of Habeas Corpus for
the production of the respondent no.14 and since the respondent
no.14 has been produced before this Court, as such, the purpose of
filing the instant writ petitioner is fulfilled and as such, the instant
writ petition is being consigned.
15. Learned counsel for the petitioner stated that the petitioner and the
respondent no.14 since are major, as such, both have wished to live
together as is available in the statement made by the respondent
no.14 and the petitioner and the same has not been objected by the
respondent no.12, i.e., father of respondent no.14 as also by the
respondent no.13.
16. In view thereof, this Court is of the view that since the petitioner and
the respondent no.14 are major, hence, they are at liberty to take their
own decision in a lawful manner.
17. In that view of the matter, the instant writ petition is disposed of.
18. This Court appreciates the efforts shown by Mr. Deepankar Roy,
learned AC to GA-III appearing for the respondent-State.
19. The Principal District and Sessions Judge-cum-Chairman, DLSA,
Palamau at Daltonganj and Principal District and Sessions Judge-
cum-Chairman, DLSA, Latehar are to take necessary steps if sought
for by the respondent no.14 with respect to the legal aid.
20. Let a copy of this order be forwarded to the Member Secretary,
JHALSA; the Principal District and Sessions Judge-cum-Chairman,
DLSA, Palamau at Daltonganj and; the Principal District and
Sessions Judge-cum-Chairman, DLSA, Latehar as also to the
Superintendent, Probation Home, Namkum, Ranchi.
21. Let the statements of the petitioner, respondent nos.12, 13 and 14 as
also the report of the Member Secretary, JHALSA be kept on record.
22. This Court has taken appearance of the parties, which is also kept on
record.
(Sujit Narayan Prasad, J.)
(Navneet Kumar, J.)
Saurabh/-
