SUNNY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus directing respondent No.2 for effecting the release of detenues namely Kanika aged 7 years and Ananya aged 9 months minor daughters of the petitioner who have been kept in illegal custody by respondents No.4 and 5 since 06.02.2019.

(2.) Briefly stated, the petition has been filed on the averments that Reena Victor wife of the petitioner died after 20 days of the birth of second daughter Ananya due to heart attack in CMC, Ludhiana on 10.06.2018. Respondent No.4, who is real sister in law of the petitioner, came to his house for taking care of newly born child Ananya and after stay of about 4 months took her on the pretext that the petitioner would not be able to take care of her. On 06.02.2019, the petitioner alongwith his elder daughter Kanika went to the house of respondent No.4 where respondents No.4 and 5 tried to persuade the petitioner to convert his religion into Christianity an don his refusal, the petitioner was thrown out of their house by respondents No.4 and 5 who kept his elder daughter Kanika also with them. His elder daughter Kanika, who was admitted in UKG at Jesus Saviour School, Marauli Kalan, Morinda, absented from that school since 07.02.2019. The petitioner approached respondent No.2 to effect release of the detenues but respondent No.3 took signatures of the petitioner and others on blank papers and turned them out of the police station. The petitioner is having apprehension that respondents No.4 and 5 may forcibly convert his minor daughters to Christianity. The petitioner has accordingly prayed for issuance of a writ in the nature of Habeas Corpus and appointment of Warrant Officer for ensuring release of the detenues.

(3.) Vide order dated 12.04.2019 passed by Hon'ble Co-ordinate Bench notice of motion (rule nisi) was issued.