Sumayya Sherin vs Director General Of Police

P.B.Suresh Kumar, J

This is a proceedings seeking a writ of habeas corpus directing the official respondents to produce before this Court Afeefa, the daughter of respondents 5 and 6 and to set her free.

It is alleged by the petitioner in the writ petition that she is a lesbian owing to her sexual orientation; that Afeefa is also a lesbian; that they were residing together for a while and that on 30.05.2023, respondents 5 to 7, the parents and brother of Afeefa entered the mobile shop where the petitioner and Afeefa were working and forcefully took her to their house. The case set out by the petitioner in the writ petition, in the circumstances, is that Afeefa is under the illegal detention of respondents 5 to 7.

Pursuant to the direction issued by this Court, Afeefa was produced before us today. The petitioner was also present in court. We have interacted with Afeefa as also the petitioner separately.

In the course of our interaction, when we ascertained from Afeefa whether she is in any form of detention, Afeefa stated that although she was living with the petitioner for sometime, she does not now wish to continue to live with the petitioner and that she is residing with her parents on her own volition. When we enquired with Afeefa whether she would like to state anything more to the court, she stated that her Aadhaar card and a few other documents are with the petitioner, and requested us to direct the petitioner to return the same to her.

During our interaction with the petitioner, we have informed her that Afeefa has submitted before us that she does not wish to continue to live with the petitioner. We have also ascertained from the petitioner as to whether she is in possession of any of the documents of Afeefa. In response to the said query, the petitioner stated that she is in possession of a few documents of Afeefa and she has brought the same to the court today. She has also expressed her willingness to return the documents to Afeefa.

Though we have ascertained from Afeefa whether she would like to talk to the petitioner, she stated that she does not wish to talk with the petitioner.

Thereafter, we have called the petitioner and Afeefa together to the Chambers so as to enable the petitioner to handover the documents of Afeefa, and in our presence, the petitioner has handed over a bundle of documents to Afeefa and from the said bundle, Afeefa took her documents.

In the light of the statement made by Afeefa before us, and the developments narrated above, we deem it appropriate to close the writ petition (Crl). Ordered accordingly.