MANOHAR DALAL Vs. STATE OF M P

JUDGEMENT

(1.) The daily morning Newspapers on 5-1-1987 flashed a sensational news that a young Sadhvi Induprabhaji, who is a Sanyasini, having renounced the worldly affairs was kidnapped and abducted by certain unknown persons near Simrol while she was proceeding on foot, which spread rapidly like a fire. This news angered the Jain Community in particular, a Section of which gave a call for Indore bandh in protest to give vent to their feeling religious sentiments that such an incident should have taken place with a Jain Sadhvi, who was thus deprived of her liberty to move about as a free citizen of this democratic country. The strong protest was expressed by giving statements in newspapers, taking out processions etc., and in sympathy as also by way of silent protest the Indore bandh was almost a success in which the lawyers in general also joined as the said news naturally gave an impression that because of the rampant lawlessness of this type the life and liberty of a citizen is jeopardised and thus no one would be safe unless immediate action is taken by the concerned State Authorities.

(2.) The petitioner as a benevolent citizen has filed this habeas corpus petition against the respondent with a prayer that they should produce the said Jain Sadhvi Induprabhaji before this Court to enable her to make a free and voluntary statement regarding whole affairs.

(3.) According to the petitioner the said Jain Sadhvi Induprabhaji was kidnapped and abducted by certain unknown persons, but thereafter she was taken to the house of one Radheshyam and that she was forced and compelled to give a statement that she wanted to live of her own free will with the said Radheshyam under his protection and that the respondents had not taken any action against those offenders even though a report was lodged to that effect.