HC reserves order on Atiq wife’s plea about her two minor sons
Atiq’s wife Shaista Parveen has filed this writ petition on behalf of her two minor sons – Ahzam Ahmad and Aaban Ahmad. In the application, Atiq’s wife had alleged that her sons Ahzan Ahmed and Aban Ahmed were arrested by the police party on February 24, 2023 after the killing of Umesh Pal, who was a witness in BSP MLA Raju Pal murder case
PRAYAGRAJ: The Allahabad high court on Thursday reserved its order on a habeas corpus writ petition requesting to set at liberty the two minor missing sons of Atiq Ahmed.
The bench comprising justices VK Birla and Surendra Kumar reserved the order.
Atiq’s wife Shaista Parveen has filed this writ petition on behalf of her two minor sons – Ahzam Ahmad and Aaban Ahmad.
In the application, Atiq’s wife had alleged that her sons Ahzan Ahmed and Aban Ahmed were arrested by the police party on February 24, 2023 after the killing of Umesh Pal, who was a witness in BSP MLA Raju Pal murder case.
Atiq, his wife Shaista, brother Ashraf and two sons have been named as accused in the murder case.
Appearing on behalf of the petitioner, senior advocate Daya Shankar Mishra argued that the life and liberty of Atiq’s two minor sons were in danger. Therefore, he requested the court that a direction be issued that they (minors) be produced before the court and set at liberty.
Shaista in her application has alleged that her two sons were arrested by the police on February 24 from her residence and their whereabouts are not known since then. Hence, in this backdrop, she requested the high court to direct that her two minor sons be produced before the court and set at liberty.
On the other hand, a preliminary objection was raised on behalf of additional advocate general, Manish Goyal, who represented the state government that an application under section - 97 of criminal procedure code (CrPC) had already been filed before the CJM Allahabad, which is pending. Hence, the habeas corpus writ petition was not maintainable. The section – 97 of criminal procedure code provides procedure for the search for persons wrongfully confined.
It is relevant to mention that an application, relating to Atiq’s missing minor sons, is already pending before the chief judicial magistrate (CJM), Prayagraj, wherein the CJM has already directed the station in charge of Dhoomanganj to submit his report in response to application of Shaista Parveen, who is Atiq’s wife, regarding the whereabouts of the two minor sons of Atiq Ahmad.
