HARMINDRASINGH PRITAMSINGH Vs. IMTIAZ IMAMUDDIN QURESHI

JUDGEMENT

(1.) (Rule. Mr. D.N. Patel learned A.P.P. waives service of rule on behalf of respondents no.3 and 4. Mr. Hakim learned advocate waives service of rule on behalf of respondents. no. 1 and 2.

(2.) One Harmindarsing Pritam Singh Hora by filing the present petition under Article 226 of the Constitution of India, prayed for issuance of writ of Habeas Corpus directing the opponent no. 3 Police Inspector, Ghatlodiya Police Station, Ahmedabad to search out Harmeet Kaur minor daughter of the petitioner and set her free from unlawful custody of opponent no. 1 Imtiaz Imamuddin Qureshi who is concealing Harmeet Kaur to the knowledge of opponent no. 2 Imamuddin Ahmedmian Qureshi and to produce her before this court. The Court hearing the matter issued the notice on 26-5-1997 returnable on 4-6-1997. The Court also directed opponent no. 3 to make inquiry about the whereabouts of the missing girl Harmeet Kaur and report to the Court on the returnable date.

(3.) It appears that thereafter Mr. Hakim learned advocate appearing for the respondents no. 1 and 2 made the statement that both the boy and the girl shall remain present before the Court. The Court hearing the matter on 19-6-1997 has observed in the order that "we are of the opinion that the girl should remain at Vikas Gruh, Paldi for a period up to 30th June, 1997 and during this period she shall stay alone without the company of any member of either of the two families." The Court further directed that none of the either of the two families, including the father of the girl and respondent no. 1 shall be permitted to visit her or see her and the girl was also directed not to move out from the Vikas Gruh, Paldi. The police was also directed to give requisite protection during the period within the premises of Vikas Gruh, Paldi. The Court also directed the Investigating Officer to record statement of the girl within the premises of Vikas Gruh, Paldi.