Allahabad High Court Orders Release of Petitioner Detained Without Jurisdiction

Court Finds Child Welfare Committee's Detention Order Lacked Proper Age Verification and Was Passed Mechanically

In a significant ruling, the Allahabad High Court has ordered the immediate release of petitioner Smt. Rohini, who was detained at the Government Children Home (Girls) in Swaroop Nagar, Kanpur Nagar. The court found that the detention order passed by the Child Welfare Committee was without jurisdiction and lacked proper verification of age, as required under the Juvenile Justice (Care and Protection of Children) Act, 2015.

The petition, filed as a writ of Habeas Corpus, challenged the detention order on the grounds that it was passed mechanically and without due application of mind. The court examined the case records and noted that the Child Welfare Committee had relied solely on unverified school records to determine the age of the petitioner, which recorded her date of birth as 11.05.2008. However, a medical report indicated that the petitioner's age was 18 years or above, corroborating her statement made under Section 164 Cr.P.C. where she claimed to be 19 years old.

The High Court emphasized the constitutional importance of the writ of Habeas Corpus as a remedy to protect personal liberty from unlawful detention. It underscored the necessity for procedural safeguards and the duty of courts to ensure that any detention complies with legal standards. The court found that the Child Welfare Committee failed to scrutinize the evidence properly and did not verify the authenticity of the school records, which were not supported by any credible testimony or documentation.

The court also cited precedents from the Supreme Court, stating that a writ of Habeas Corpus is maintainable when a detention order is passed without jurisdiction, in a mechanical manner, or is wholly illegal. It concluded that the detention of the petitioner was without jurisdiction, as the Child Welfare Committee did not have the authority to detain her based on uncorroborated school records and in light of the medical evidence suggesting her majority.

Consequently, the High Court directed the immediate release of Smt. Rohini, allowing her the freedom to go wherever she chooses and stay with whomever she desires, including her husband, petitioner no. 2. The court's decision underscores the importance of adhering to procedural requirements and safeguarding individual liberties against unlawful detentions.

Bottom Line:

A writ of Habeas Corpus is maintainable to secure the release of a person detained under an order passed by the Child Welfare Committee if such order is without jurisdiction, passed in a mechanical manner, or is wholly illegal.

Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015 Sections 2(12), 2(14), 29, 94; Constitution of India, 1950 Article 226; Code of Criminal Procedure, 1973 Section 164

Smt Rohini v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2820384