AHZAM AHMAD (MINOR) Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri D.S. Mishra, learned Senior Counsel assisted by S/Sri Ravindra Sharma, Shadab Ali and Abhishek Kumar Mishra, learned counsel for the petitioners and Sri Manish Goyal, learned Additional Advocate General assisted by Sri A.K. Sand, learned A.G.A. appearing for the State respondents.

(2.) Present petition has been filed with the following prayers:-

(3.) The petition has been filed by minor sons (corpus) of Ateek Ahmad, Ex. MP under the guardianship of their natural guardian and real mother Shaishta Parveen. It is claimed that the petitioner no. 1-Ahzam Ahmad and the petitioner no. 2-Aaban Ahmad are student of Class-XII and Class-IX respectively and at present both the petitioners are minor. It has been disclosed in the petition that father of the petitioners, namely, Ateek Ahmad is in jail since 2017 and real uncle of the petitioners, namely, Khalid Azeem @ Ashraf is also in district jail Bareilly since 2020. The minor sons (corpus) are living with their mother. It is alleged that on 24/2/2023 at about 06:00 P.M. police of Police Station Khuldabad, Dhoomanganj and Puramufti came to the house of the petitioners without lady police and forcibly and illegally entered in the house of the petitioners by breaking the doors arrested the petitioners without showing any summon, warrant or any other document and police personnels also misbehaved with the petitioners as well as with their mother. The allegation is that the police personnels of Police Station Dhoomanganj, Puramufti and Khuldabad forcibly arrested the petitioners and have taken them in their illegal custody without disclosing any reason for their arrest and that the petitioners are innocent and are not wanted in any criminal case. The allegation is that the police authorities have illegally detained the petitioners without any authority since 24/2/2023. It is also alleged that the petitioners are in detention till today i.e. 3/3/2023 (till the date of filing of the present petition). It is alleged that the petitioners are being kept in some undisclosed location by the police and are being mentally and physically tortured without any authority of law or any other reason and thus, the petitioners are being deprived of their personal life and liberty provided under Article 21 of the Constitution of India, which clearly provides that the same cannot be affected except in accordance with the procedure established by law.