MANOBAL FOUNDATION vs STATE OF DELHI & ORS.

Judgment text excerpt

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 18th February, 2025 + W.P.(CRL) 290/2025 MANOBAL FOUNDATION .....Petitioner Through: Mr. Utkarsh Singh, Mr. Mayank Gupta Mr. Tauheed Arshi & Mr. Humaid, Advs. versus STATE OF DELHI & ORS. .....Respondent Through: Mr. Sanjay Lao, Standing Counsel (Crml.) with Ms. Priyam Aggarwal & Mr. Abhinav Arya, Advs. with SI Preeti, PS Kalkaji, Insp. Shashank, SI Jitender Yadav, PS Mohan Garden. Mr. Harvinder Singh, ACP/AFRRO, Mr. Shashank Tripathi, Inspector/AFRRO Unit (M- 8700062400) and Mr. Pratap Singh Rawat, Under Secretary, MHA. Mr. Sandeep Kumar Mahapatra CGSC with Mr. Tribhuvan, Mr. Ishaan Malhotra & Mr. Shashank Tripathi, Advs. for R-7/FRRO. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner - Manobal Foundation under Article 226 of the Constitution of India read with Section 528 of the BNSS, 2023 for issuance of a writ in the nature of habeas corpus for production of minor child, Master ARK, who is stated to be in the illegal W.P.(CRL) 290/2025 Page 1 of 7 Signature Not Verified Digitally Signed By:RAHUL Signing Date:21.02.2025 16:36 custody of Respondent Nos. 3 & 4-- Ms. Jacklyin Nakayima @ Julie and Ms. Namakula Dooren. The Petitioner claims to be an NGO attempting to help the victims of human trafficking. 3. The case of the Petitioner-NGO is that a Ugandan national - Ms. J who was in India had given birth to a child i.e., Master ARK, in India. The Petitioner NGO was assisting Ms. J with moving back to Uganda, however, Ms. J passed away due to HIV. It is the allegation of the Petitioner-NGO that the Respondent Nos. 3 and 4 are passing the custody of the child from per