CRMA/180/2002 of SMT.SHALINI RAJWAT E FERNANDES,MARGAO-GOA. Vs STATE OF RAJASTHAN,THROUGH THE SECRETARY HOME DEPT on 21 December 2002

CRIMINALMISCELLANEOUS APPLICATION NO.180 OF 2002

Smt Shalini Rajwat e Fernandes,alias Shalini Rajwat, aged about23 yrs, r/o Hill View Apts.Fatorda, Margao ..................... PETITIONERVERSUS1. State of Rajasthan,through the Secretary,Home Dept.,Rajasthan, Jaipur,Rajasthan;2. The SHOPolice Station Moti Doongri,presently at Margao TownPolice Station,Margao, Goa;3. The Officer-in-Charge,Margao Town Police Station,Margao, Goa ................... RESPONDENTS----- Mr. M. Rodrigues, Advocate for the Petitioner.Mr. A.P. Lawande, Public Prosecutor, for theRespondent No.3.

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CORAM : P.V. KAKADE,J.

Dated: December 21, 2002.

ORALORDER

Not on Board. This Application is madeby urgent circulation.

2. Heard Mr. M. Rodrigues, the learnedCounsel for the Applicant and Mr. Lawande, thelearned Public Prosecutor, on behalf of the Respondent No.3.

3. Mr.Kamal Kumar, the PoliceSub-Inspector of Moti Doongri Police Station ofJaipur City, is present, who has brought HabeasCorpus direction issued in Habeas Corpus PetitionNo.9292 of 2002 by the Division Bench of RajasthanHigh Court by which SHO, Police Station, MotiDoongri, Jaipur is directed to produce detenueShalini Singh before that Court. The returnabledate originally was 18-12-2002. However, Mr.Kamal Kumar submits that it is extended till21-12-2002.

4. The Applicant, who is detenue beforethe Rajasthan Court in the said Habeas CorpusPetition, has made this Application expressingapprehension that her life is in danger and therewere threats given by the concerned parties. Shehas further stated that she is being taken toRajasthan along with male Police force and withoutany female, which is not in consonance with therepeatedly given directions by the High Courts aswell as the Supreme Court and, therefore, in thatlight, she has submitted that the Respondents whichare the Police Officers as well as theOfficer-in-Charge of Margao Police Station, be restrained from executing the Order of the HighCourt Jaipur Bench pending the hearing of thePetition before the High Court.

5. Needless to mention that the

Applicant lady cannot be escorted from Goa toRajasthan without female escort. Mr. Kamal Kumar,the P.S.I. from the said Police Station of Jaipur,submits that he has contacted his superiors andthey have agreed to send female Police escort forthe purpose of escorting the Petitioner toRajasthan High Court in compliance with the Orderpassed by the Division Bench of the Rajasthan HighCourt.

6. Therefore, in view of the facts andcircumstances and well settled legal position, itis directed that the Order of the Division Bench ofthe Jaipur Bench of Rajasthan High Court shall becomplied with only after adhering to the normsestablished in this regard. The Moti DoongriPolice Station Officers are directed to provide,and,if required, send responsible female PoliceOfficers of proper rank, and not mere constables toescort the Petitioner lady in compliance with theDivision Bench Order of the Rajasthan High Court.Till then the Petitioner shall reside at her place of abode given in the Petition, i.e. Hill ViewApartments, Fatorda, Margao and she shall makeherself available for the purpose of her escortbefore Rajasthan High Court as per the impugnedOrder.

Copy of this Order be furnished to Mr.Kamal Kumar, the Police Sub-Inspector of MotiDoongri Police Station, who is present before thisCourt, and has stated that he shall remain inPanaji awaiting arrival of the lady Police Officerfrom Moti Doongri Police Station for the purpose ofcompliance of the Order.

It is further directed that the PoliceOfficer of Moti Doongri Police Station shall notremove the Petitioner from the jurisdiction ofthis Court unless and until proper lady Policeescort, as directed above, is provided for thepurpose.

7. In view of these directions, theApplication stands disposed of.

P.V. KAKADE,J.