High CourtsDivision Bench

Sneh Lata Gupta vs State Of Rajasthan

Rajasthan High Court · Decided on 12 May 2021 · Citation: (2021) 05 RAJ CK 0031

HON’BLE JUDGES
Sandeep Mehta, J · Devendra Kachhawaha, J
CASE NUMBER
Habeas Corpus Petition No. 123 Of 2021
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Judgment

17 paragraphs · 328 words

The corpus ‘S’ has been produced before us by Shri Rakesh Kumar, Head Constable, Belt No. 1012, Police Station Kalyanpur, District Barmer

and Smt. Parvati, Lady Constable, Belt No. 1153, District Barmer. The corpus is specially-abled girl.

We conferred with her ‘in camera’. With full confidence at her command, she stated that she is residing happily at Sucheta Kriplani Shiksha

Niketan (SKSN), Manaklao, District Jodhpur. She further stated that on 15.04.2021, when lock-down was imposed by the State Government, her

maternal uncle took away her from that SKSN Centre; she lived for some time at her maternal grand parents’ home; thereafter, she went to her

paternal grant parents’ home; her mother and father had already died; her paternal grand parents pressurized her that the property standing in her

father’s name, should be transferred to them, otherwise, she would be killed. In that situation, after interference and by the order of Child Welfare

Committee (CWC), she has been sent back to the SKSN Centre, Manaklao, District Jodhpur.

This habeas corpus petition has been filed by Sneh Lata Gupta, President of SKSN Centre.

Since, the corpus has already been restored to stay at the Centre concerned by the order of CWC and as she is desirous to live at the same School

(Centre), therefore, in the above circumstances, it is directed that the corpus shall remain at the above Centre. Looking to the prevailing facts and

circumstances of this case, the Child Welfare Committee, Jodhpur is directed to ensure safety and well being of the corpus and shall further monitor

best interests of the corpus who is a child in need of care and protection.

For further direction in regard to welfare of the child, list the matter after summer vacation.

The corpus is not required to be produced before the Court on the next date of hearing and only the detailed report in regard to the status of the

corpus shall be produced before this Court.

List on 05.07.2021.