Salim Kumar vs The Superintendent of Police and Others

R. Basant, J.—This judgment must be read in continuation of the earlier orders passed by us on 28/8/2009 and 08/09/2009.

The petitioner has filed this application for issue of a writ of habeas corpus to search for, trace and produce his daughter Sachu, an adult major girl aged about 21 years, who was missing from 04/08/2009. It was the petitioner''s apprehension that his daughter was being illegally detained by the 5th respondent.

The petitioner and his counsel are present. The alleged detenue Ms. Sachu is present. She is represented by a counsel. Ms. Sachu, who is an adult woman aged about 21 years, asserts categorically even today before us in the presence of all concerned that she does not want to return to her parents. She has her own reasons for that, which she has confidentially revealed to us. We are not certain whether those reasons are correct or not; but she being an adult major woman, we accept her wish/desire that she does not want to return along with her parents. Ms. Sachu had expressed her desire before us to take up employment and reside on her own at her place of employment. The petitioner and his wife had expressed apprehensions about the safety of their daughter Sachu at such place on 08/09/2009. The learned Government Pleader was requested to verify the necessary details.

The learned Government Pleader today, after getting the details ascertained through police, submits that it is true that the alleged detenue has been offered employment at Matha Nursing Home, Puthencruz. Monthly salary has also been offered to her. Though the alleged detenue had stated that the monthly salary is Rs. 2,500/- per mensum, the learned Government Pleader, after taking instructions, submits that M/s. Matha Nursing Home have agreed to pay only an amount of Rs. 2,000/- per mensum initially. Free boarding and lodging will also be provided at her place of work, it is submitted. The learned Government Pleader submits that the police report that it is safe for the alleged detenue to take up employment and reside there and that the reputation of the institution is satisfactory.

We are convinced that Ms. Sanchu, an adult major woman, she having attained the age of 21 years already, is not under illegal confinement or detention of anyone. Her date of birth, as agreed by all concerned, is 29/7/1988. We respect her wishes that she should not be compelled to go with her parents and take up residence along with them. We are satisfied that her desire to take up employment and lead an independent life can be accepted. To allay the apprehension of the petitioner and his wife, we had asked the learned Government Pleader to take instructions through the police about the safety of the place where Ms. Sachu wants to reside and work. After the submissions of the learned Government Pleader, we are satisfied that Ms. Sachu can be permitted to take up that employment.

This writ petition is, in these circumstances, dismissed. Ms. Sachu is permitted to proceed to Matha Nursing Home, Puthencruz to take up employment and reside there. The learned Government Pleader agrees to ensure that women police constables not in uniform shall leave Ms. Sachu at the place of her proposed employment/residence today itself.