KUSHMA DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Seeking issuance of a writ in the nature of habeas corpus for release of minors (name withheld) aged about 4 years & 2 1/2 years, who are grand daughter and grand son of the petitioners, the petitioners have come up before this Court by filing the present petition under Article 226 of the Constitution of India.

(2.) Counsel for the State submits that father of the alleged detenue(s) is alive and petitioners are grand parents of the deteneue(s) and once the natural guardian is alive, grand parents have no right to file the present kind of petition.

(3.) However counsel for the petitioners submits that he has already filed the application for impleadment of father of the detenue(s).