AI Structured Summary
Not yet generated for this judgment
Judgment
Motilal B. Naik, J.—This writ of Habeas Corpus is filed before us seeking a direction to the respondents to produce the alleged detenu - Smt. Farahana Begum w/o Mohd Mahmood Khan, Aged: about 19 years; and consequently direct the respondents to set her at liberty forthwith and other orders in the circumstances of the case.
Yesterday i.e., 2-9-1998, when the writ petition came up for consideration, on behalf of the petitioner, Mr. C. Padmanabha Reddy, learned senior Counsel, representing Mr. Muhammed Abdul Qadir, learned Counsel for the petitioner, contended that Smt. Farahana Begum is married to Mohd. Mahmood Khan in the month of May, 1998 as per the law of the community of both the parties and the marriage has been solemnized. The mother of the said Smt. Farahana Begum filed a complaint before the Station House Officer, Moghalpura Police Station alleging that her daughter has been kidnapped and also making further allegations and requiring the police to make enquiry, on which basis, the said Smt. Farahana Begum has been taken into custody and was produced before the learned XVI-Metropolitan Magistrate, Hyderabad seeking appropriate directions. Learned senior Counsel stated that the learned XVI-Metropolitan Magistrate, Hyderabad passed an interim direction permitting the police to obtain necessary medical certificate as regards to the age of the girl and also for verification of her pregnancy and obtain a certificate from the competent medical authorities; and that in that process, the said Smt. Farahana Begum has been taken to various forums and has been detained by the police, though the police have no authority to detain her.
On this allegation, the Court felt that the learned Additional Advocate General could be permitted to contact the respondents-concerned police and get the alleged detenu before this Court enabling us to ascertain whether she has been illegally detainee! or not. Pursuant to the instructions issued by this Court in the morning hours of yesterday i.e., 2-9-1998, the girl was produced before us around 1-00 p.m. We have thereafter retired to our chambers and ascertained the views of the girl. On the basis of the statement made by the girl, we were convinced that the girl is not forcibly detained by the police, but at the direction of the trial Court, she was produced before the medical authorities for various purposes and a lady constable has escorted the girl. The lady constable was asked to protect the girl and she was in her custody, in view of the representation made by the learned Additional Advocate General that the learned XVI-Metropolitan Magistrate, Hyderabad is likely to pass an order on the basis of a certificate that would be issued by the medical authorities, we adjourned the case to today and in the meantime, we have permitted the girl to stay with her mother on her expressing willingness before us.
Today, the respondents have brought to our notice an order passed by the learned XVI-Metropolitan Magistrate, permitting Smt. Farahana Begum to stay in the company of her mother. We have made yet another effort to bring together these two warring groups on the issue of marriage of this girl. By retiring to our chambers, we have spoken to the mother and grand-father of the girl on one side; and the mother-in-law and maternal uncle on the other side. We have ascertained their views. We may not express anything at this point of time as to the feelings of both the groups, which they have expressed before us. We hope that these two groups would settle the matter amicably keeping in view the sentimental issues involved in this matter.
We are convinced that the girl 7 Smt. Farahana Begum is not illegally kept in the police custody and on that ground we do not think any direction could be issued to the respondents. We, therefore, treat the matter as closed and accordingly the writ petition is closed.
However, on a request made by Mr. C. Padmanabha Reddy, learned Senior Counsel, to permit his client to seek the custody of the girl after some time. We arc of the view that since the learned XVI-Metropolitan Magistrate, Hyderabad has already passed an order permitting the said Smt. Farahana Begum to stay with her mother, it would be appropriate, in course of time, if the petitioner so desires, could move the Court below where a complaint is also pending for appropriate direction and on such application, as and when it is filed, the Court below may pass an appropriate order on hearing both the parties and on knowing the mind of the girl. It is also made clear that the parties connected with this issue are at liberty to move the Court seeking appropriate direction from the Court as and when the occasion arises.
In the result, this writ petition is closed. No costs.