ASHWIN JAYANTIBHAI PARMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, which is filed under Articles 226 and 227 of the Constitution of India, the petitioner is seeking a writ of habeas corpus directing respondent Nos. 1 to 3 to produce his two daughters Ms. Nikita Parmar and Ms. Kajal Parmar and for their release from the detention of respondent No. 3 and for handing over their custody to him.

(2.) The brief facts are that, an offence was registered vide C.R. No. 421 of 2011 against one Narshee Ratanjee Katira on 19th November, 2011 for the offences punishable under sections 292A and 376 of the Indian Penal Code, in which it was alleged that the two daughters of the petitioner - Ms. Nikita Ashwin Parmar aged 17 years, and Ms. Kajal Ashwin Parmar 14 years old were sexually assaulted and raped by the accused and this sexual intercourse was recorded in video, which in turn was sold in the market. After the said complaint was filed, a letter was sent to the Hon'ble Chief Justice in which was alleged by the President of Human Rights Welfare Association that the investigation was not being done properly by the local police and therefore, investigation should be transferred to some other investigating agency. The Division Bench headed by Hon'ble Chief Justice was pleased to pass an order dated 23rd November, 2011 and notice was issued to the Senior Police Inspector of the Mulund Police Station, the Commissioner of Police, Mumbai and the Director General of Police, Maharashtra State and it was made returnable on 25th November, 2011. The investigation thereafter was transferred to a Senior Lady Assistant Commissioner of Police, who took over the investigation and recovered the CDs which were recorded by the accused. Thereafter the police took the custody of the two minor girls and produced them before the Child Welfare Committee on 29th November, 2011. The Child Welfare Committee interviewed the minor girls' parents and noted that both the parents are unfit under section 2(d)(iv) and (vi) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as "the Act") and therefore directed that the girls should be sent to the Shelter Home. A direction was given that Ms. Kajal should be retained in the institution till she attains age of 18 years and Ms. Nikita should be kept in the institution till she attains age of 20 years.

(3.) We have interviewed both the girls. The elder daughter Ms. Nikita, aged 17 years old and is now appearing for 12th Standard Examination which has already commenced. We have granted permission to the said child Nikita to appear for examination under police escort. So far as other daughter Ms. Kajal is concerned, she is 15 years old. Both these daughters have stated that they would like to go home and stay with their parents. They have also stated that their parents provide food and clothing and both of them are self employed. Their father is doing tailoring and their mother is also in the same line. We have also interviewed the Member of the Child Welfare Committee and she has expressed an apprehension that if the children are allowed to stay with their parents, there is a possibility that they may resume their old life style.