RANJITA Vs. SUPDT OF POLICE TONK

JUDGEMENT

(1.) This Habeas Corpus petition has been moved by Ranjita daughter of Shri Jeet, though her mother Smt. Rampyari. Her age is 14 years. It has been alleged that she was kidnapped from Jai Singhpura on 7-2-95 by respondent No. 2, Tosheef Khan of Bombay and a report, in the form of an application, about kidnapping was made to S. P. Tonk on 10-2-95, but no action was taken. Lateron the parents of Ranjita came to know that some social organisations got her recovered form the illegal possession of respondent No. 2, Tosheef Khan and she was now been kept at Children Home, respondent No. 3. The efforts of getting the petitioner released from the Children Home, Bombay failed. The details of efforts made by the parents of petitioner and the relatives have not been mentioned and we do not know whether any proceedings were taken in any Court or not ? It has been stated that the detention of Ranjita in Nari Niketan/Children Home at Bombay is illegal as it curtails her right of life and liberty. According to the petitioner's counsel the consent of the guardian of minor child is necessary for detention in Nari Niketan/Children Home. In ground (b) of the petition it is also stated that the act of respondent No. 2, whereby he kidnapped Ranjita, a minor girl and took her out of the legal custody of the parents from Jai Singhpura and then sold her to a prostitute for forcing her to illicit intercourse is a heinous crime and it is patently and apparently a case of deprivation of life and liberty of Ranjita by respondent No. 2.

(2.) On this petition this Court issued show cause notice on 9-3-95 and the S. P. Tonk was directed to keep the minor girl Ranjita present before the Court. In pursuance of this direction, Ranjita was brought from the Children Home Bombay and she has been kept at Nari Niketan, Jaipur. The girl was produced before the Court on 5-4-95.

(3.) In the reply filed by the State, it has been stated that Ranjita was living at Bombay from 1991 and she was kidnapped by the respondent No. 2 at Bombay itself. In this regard an FIR was registered and in pursuance of it action was taken and when the matter came up before the Juvenile Welfare Board, Bombay, then the Board ordered that the petitioner be sent to Asha Sadan (Children Home) Bombay. It has been stated that the custody of Ranjita in Asha Sadan, Bombay is not illegal. The fact of making complaint before the S. P. Tonk has been denied by filing the counter affidavit of S. P. Tonk, himself. A copy of the FIR lodged at Bombay has been enclosed with the reply along with the order of Juvenile Welfare Board, Bombay sending the petitioner to Asha Sadan, Bombay. The material which was placed before the Police Inspector and Juvenile Welfare Board, Bombay goes to show that petitioner Ranjita was involved in prostitution and that she became pregnant. The details are in Marathi language in the order dt. 28-2-95 at page 24.