PARVATABAI BHAURAO GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Advocate for the petitioners and the learned A. P. P. Perused the records.

(2.) COMPLAINING about failure on the part of the respondents to protect the fundamental rights guaranteed under Article 21 of the Constitution of India, in relation to the son of the petitioner No. 1, namely Suresh, the petitioners seek direction for investigation through Central Bureau of Investigation regarding the whereabouts of her son Suresh, as well as for grant of compensation to the tune of Rs. 5,00,000/- to the petitioner No. 1.

(3.) IT is the case of the petitioners that the petitioner No. 1 is a widow and suresh was her eldest son amongst four children, viz. two sons and two daughters. Said Suresh was a student of Vikas Vidyalaya, Shankarapur. While he was in 12th standard, on the basis of a false complaint lodged by Smt. Mamta dilip Dange, the Police Out Post at Shankarapur arrested Suresh in exercise of powers under sections 151 (1), 107 and 116 (3) of the Code of Criminal procedure for taking punitive action. He was produced before Naib Tahsildar of Chimur, District Chandrapur and was ordered to be detained in custody in cental Jail, Chandrapur, on 29-9-93. With the help of petitioner No. 2 who is a neighbour of the petitioner No. 1, she was able to secure order for release of suresh from custody on 2-3-94. However, when the petitioner approached the jail authorities with the release order, they were informed that Suresh was not in jail on the said day. Inspite of all efforts on the part of the petitioners, they were unable to find trace of Suresh and, therefore, the petitioners made various representations to the various authorities including National Human Rights Commission but without any fruitful result. Hence the petitioners are compelled to approach this Court for necessary redress in writ jurisdiction.