Appear In-Person With 'Detenue': Allahabad HC Summons Panipat (Haryana) SP, SHO Over Failure To Trace Missing 13 Y/O Boy

The directive was issued by a bench of Justice Shamim Ahmed while hearing a habeas corpus petition filed by one Veena Devi, the boy's mother. The Court observed that despite its May 21 order directing the concerned SHO to trace the detenu/minor boy, no substantial efforts had been made.

Perusing the progress report/affidavit filed before the Court in the matter, the single judge observed thus:

“…said progress report is nothing but simply an eye wash as the respondent No.2 i.e. Principal Secretary, Department of Home, Civil Secretariat, Haryana Chandigarh and respondent No.4 i.e. Superintendent of Police, District-Panipat, Haryana have not mentioned any exact detail regarding the investigation and steps taken by them to recover the detenue. Further, it is clear from the progress report that the authorities concerned are passing time and they have not even arrested or recorded the statement of the person who employed the detenue at his Bungalow No.9 situated in Sector-12 in front of Mother Teressa, Chandani Bagh, Panipat, Haryana.”

Against this backdrop, the Court directed the Superintendent of Police, Panipat, Haryana and the concerned Station House Officer to appear before the Court in person along with the detenue on the next date of listing (August 5) to explain why the detenue had not been recovered after more than three months of lodging of the FIR.

The Court has directed that a copy of its order be communicated to the Chief Secretary, Government of Haryana, Civil Secretariat Haryana, Chandigarh, and Superintendent of Police, Panipat, Haryana through the Chief Secretary, Government of Uttar Pradesh, Civil Secretariat, Uttar Pradesh, Lucknow, and Commissioner of Police, Lucknow, Uttar Pradesh, for the personal appearance of the Superintendent of Police, Panipat, Haryana.

The case in brief

A habeas corpus petition was filed by the mother (Veena Devi) of the missing child (Beeru). She moved to the court after she failed to make efforts to trace her son.

Her case was that her 13-year-old boy (Beeru), a permanent resident of Bahraich, had gone with his cousins to Panipat in Haryana, where he worked for a few months. In April 2024, his parents were informed that Beeru had gone missing. Though efforts were made to locate the boy, no concrete results came.

The boy's mother (petitioner) also sought help from the local police authorities; however, no action was taken. Consequently, she moved the High Court with the instant habeas corpus petition.

During the hearing, the Court was apprised that a missing person report had been filed at Chandni Bagh police station in Panipat, Haryana, based on information provided by Amarjeet from Bahraich, and efforts were underway to locate the missing person/detainee.

In view of this, the Court had, on May 21, directed the Station House Officer concerned to make all efforts to trace the missing detenue and submit a report to this court annexing the documentary proof of all the efforts undertaken to trace/search the detenue.

Appearances

Advocate Saubhgya Mishra, holding the brief of Advocate Ashish Kumar Singh, appeared for the petitioner.

Advocate Bipul Kumar Singh appeared for respondent No.2 and 4.

AGA-I Ashok Kumar Singh appeared for the State-respondent Nos.1, 3 and 5

Case title - Beeru Thru. His Mother Veena Devi Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko And 5 Others [HABEAS CORPUS WRIT PETITION No. - 131 of 2024]

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