SUO MOTU TAKEN WPHC Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Wphc No.24/19 has been registered as suo motu writ petition on the basis of letter dated 20.6.2019 sent by younger sister of detenue Anjali Jain. After suo motu registration of petition, this Court vide order dated 10.7.2019 directed for production of the detenue before this Court on 22.7.2019. On 22.7.2019 the detenue was produced before this Court and along with detenue, Shri KP Chandel, Additional Superintendent of Police, Shri Pankaj Patel, Deputy Superintendent of Police, Shri Pranaly Vaidya, TI, Shri Bhavesh Shendey, SI, Ms. Shanta Lakra SI, Shri Devram Sinha, ASI, Shri Rajkumar Shukla, Constable, Miss Tanya Kanwar, Lady Constable, Dr. Neeti Singh, Ms. Neetu Pandey & Smt. Usha Thakur, authorities from Sakhi One Stop Centre, Raipur were also present.

(2.) Prior to registration of suo motu writ petition under the head 'WPHC', the dispute between the parties was travelled upto Hon'ble Supreme Court and in one of the orders passed on 30.5.2019 in SLP (Civil) Diary No.19517/2019, Hon'ble Supreme Court observed that the High Court could call the detenue (petitioner therein) and to have an interaction to assert the true facts.

(3.) Taking into consideration the dispute between the detenue, her husband and parents and also pendency of other cases before this Court, we deemed it proper to have an interaction with the detenue in Chamber. On 22.7.2019 after detailed interaction with the detenue in the Chamber, we found that the detenue was capable of understanding the pros & cons of the questions we put to her when she replied the same in a very confident and firm manner and we did not find anything adverse, as stated by her parents. The outcome of our interaction with her was recorded in our order dated 22/7/2019, relevant part of which is extracted for easy reference;