S. NIZARUDEEN Vs. STATE

JUDGEMENT

(1.) In Pursuant to the order of this Court in this matter dtd. 29/4/2019, the detenue viz., Ansar Nisha was lodged in the Madras Christian Council Social Service, Perambur, as per the direction of this Court. The above matter originally posted on 30/6/2019 for production of the detenue. On 29/5/2019, at the request of the learned Counsel appearing for the Petitioner on mentioning that the detenue is willing to go with the parents she may be produced before this Court, the matter has been posted today for the production of the detenue. As per the direction of this Court the detenue viz., Ansar Nisha was produced before this Court at 12 noon, today.

(2.) When the detenue was produced, the learned Government Adovate (Crl. Side) brought to the notice of this Court, the order passed by the Honourable Supreme Court dtd. 29/5/2019 in Crl. A. No. 915 of 2019 arising out of S.L.P.(Crl.) No. 5086 of 2019 filed by the detenue herself, challenging the order of this Court lodging her in the home. The Honourable Apex Court has set aside the Order of this Court and set the detenue at liberty since she is a major (22 years). The Apex Court taking into consideration of the averments made in the affidavit has observed that the detenue has intention to stay with her in-laws in their house and not with her parents. Since the detenue has already set at liberty by the Honourable Apex Court, no further order is required to be passed by this Court.

(3.) When the Court queried the detenue to go to her husband's relatives house as per the Order of the Honourable Supreme Court, the detenue Ansar Nisha informed us that she never married the so called Tajudeen, the 4th Respondent and she has asserted that she has only signed in the affidavit prepared by the Advocate engaged by Tajudeen, 4th Respondent, in the Home and she did not know the contents of the affidavit and further she has expressed her mind before us in the presence of both side counsels, Government Advocate (Crl. Side) and two sisters of 4th Respondent, that she is willing to go to her parents house. When this Court queried about the averments made in the affidavit before the Honourable Supreme Court in categorical terms she has stated that she has not aware of any such averments. She has only signed in the affidavit before the counsel engaged by 4th Respondent and firm her intention to go with her parents. Her statement has been recorded.