AI Structured Summary
Not yet generated for this judgment
Judgment
Krishna S.Dixit, J
This petition was filed on 27.5.2021 broadly alleging that petitioner's daughter Miss.Swathi, an engineering graduate has been unlawfully detained in
an undisclosed location and that he has reasons to doubt the complicity of the 2 nd respondent Special Investigating Team and also an advocate whose
identity we are not deliberately revealing, lest the revelation should prejudice his reputation.
After service of notice, the 1st respondent- State has entered appearance through the learned Government Advocate and the 2nd respondent-SIT is
represented by its Special Counsel Sri. Kiran Jawali, accompanied by Sri. P.Prasanna Kumar, both being the Senior Members of the Bar; learned
advocates appearing for the respondents vehemently resist the writ petition contending that unsubstantiated allegations are made against their clients
and that there is absolutely no justification whatsoever for the same. Learned Special Counsel, Sri Jawali submits that the SIT personnel visited
residence of the so called 'detenue' on 29.05.2021 and their interaction with her prima facie shows that she has been residing in the said place on her
volition and that she chooses to be incommunicado qua her parents, for her own discrete reasons.
It is brought to the notice of the Court that this case has drawn the attention of the Media and the Public and that there has been a PIL pending
before the Principal Bench at Bengaluru; regard being had to the petition averments and the statement of the 'detenue' recorded by the SIT personnel,
a copy whereof was furnished to the record, we in the morning made the following order:
After notice, the second respondent SIT (Special Investigation Team) through its special counsel contends that the detenue is residing in a particular
place of her choice and on her volition and that she is not in the custody of SIT. Learned special counsel also contends that they have taken a
voluntary statement from the detenue to this effect and that the same would be placed on record before long.
The text of the script allegedly in the handwriting of the detenue reads as under (copy of the same is requested to be transmitted by fax to the
Registry of this Court in no time).
ªÉÄîÌAqÀ «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ £Ã£ÀÄ ¸Ãéw ¥ÀæPñÀ
PÀAZÉÃgÀ £ à £ À Ä F U À £ À A . 3 6 , 3 £ É Ã ª É Ä Ã £ ï g É Æ Ã q ï , P É . º É Z ï . J
ª À i ï . ¨ à è P ï U À A U à £ À U À g À z À ¨ É A U À ¼ À Æ g À Ä « ¼ à ¸ À z À ° è ¥ À æ ¸
À Ä Û v À ªÃ¸ÀªÃVgÀÄvÉÛãÉ. £Ã£ÀÄ ¸ÀéAvÀ EZÉÃ' EAzÀ ªÃ¸ÀªÃVzÀÄÃ,
£À£ÀUÉ E°è EgÀĪÀÅzÀPÉÌ AiÀiÃgÀzÉà MvÀÛqÀ EgÀĪÀÅ¢®è ªÀÄvÀÄÛ
£À£Àß gÀPÀëuÉUÃV ¨ÉAUÀ¼ÀÆgÀÄ £ÀUÀgÀzÀ ¥ÉÆðøÀgÀÄ
¨sÀzÀævÉAiÀÄ£ÀÄß MzÀV¸ÀÄvÃÛgÉ ºÃUÀÆ £Ã£ÀÄ ¸ÀÄgÀQëv˻ÃV
EgÀÄvÉÛãÉ.
£Ã£ÀÄ Â¥Ãæ¥ÀÛ ªÀAiÀĸÀ̽zÀÄà £Ã£ÀÄ ¸ÀzÀå £ÀªÀÄä vÀAzÉ vÀ §½
ºÉÆÃUÀ®Ä EaÃ'¸ÀĪÀÅ¢®è. F ¥ÀæPÀgÀt UÀ¼ÄÀ ªÀÄÄVzÀ £ÀAvÀgÀ £Ã£ÀÄ
CªÀgÀ£ÀÄß ¨sÉÃn DUÀÄvÉÛãÉ.
The learned counsel for the petitioner parents of the detenue deny the above version of the second respondent SIT and he expresses apprehension
about the safety of the detenue daughter.
The contention of the learned counsel for second respondent SIT that in connection with the case in hand a PIL is being heard at the Principal
Bench being irrelevant is rejected.
In view of the above, we deem it appropriate to direct the Registrar General of the Principal Bench of this Court at Bengaluru to immediately visit
the residence of the detenue and from there make her speak to this Court over Whatsapp Video Call.
The Registry is directed to transmit this order to the Registrar General forthwith and that the Additional Registrar General of this Court shall have
telephonic conversation about this order and for immediate compliance thereof.
A copy of this order shall be furnished to the learned Government Advocate and the learned advocate for the petitioner.
Call this matter at 2.30 p.m. this day itself.
The learned Registrar General of the Court, Sri. T.G. Shivashankare Gowda accompanied by Smt. K.S.Varalakshmi, Joint Registrar, in terms of the
above direction, took pains to visit the residence of the 'detenue' in no time and had interaction with her; they also organised a Video Conferencing and
thus, this Court too had a reasonably long interaction which revealed that the story emerging from the petition as to forcible detention is not true and
that the version asserted by the respondents that petitioner's daughter is voluntarily residing incognito is true; the stand of the respondents gains
credence by our interaction with one Smt. Bhavya Anu, a practising Advocate, vide Enrollment No.KAR- 2957/2004, who was present in the
residence of Miss.Swathi
We understand the anxiety of petitioner-father about the safety of his daughter Miss.Swathi and therefore, we do not intend to deliberate more on
the matter; even the learned counsel for the petitioner, who presented the case vehemently, agrees with this in all fairness.
However, it needs to be stated that the petitioner's daughter Miss.Swathi, during the course of interaction, thrice repeated that she does not, for the
present, desire to interact with any one including her parents and that she would have interaction with them in due course and after the 'dust' settles
down. Since Miss.Swathi is an engineering graduate and obviously is major by age; she appears to have worldly knowledge, enough to decide where
to reside and with whom to interact; this Court, therefore, has no much say in the matter, whatever be the submission made on behalf of the petitioner-
parent.
In the above circumstances, we are of the considered view that no relief need be granted in this petition and accordingly the petition is disposed of,
costs having been made easy.
Nothing mentioned hereinabove shall be construed as casting any aspersion on any one even remotely related with the matter; the observation
hereinabove being confined to disposal of the writ petition shall not be made use of by anyone in any cognate proceedings, civil, criminal or otherwise
and for any purpose.
We also make it clear that the disposal of this writ petition shall not come in the way of Miss.Swathi seeking from the State and its instrumentalities,
security of life and protection of property, if need be.
The swift action on the part of learned Registrar General, Sri. T.G.Shivashankare Gowda and the Additional Registrar General Sri.
K.C.Sadanandaswamy in accomplishing the task merits appreciation.