IN THE HON’BLE DELHI HIGH COURT AT NEW DELHI

(Extraordinary Criminal Writ Jurisdiction)

Writ Petition (Crl.) No. _______ of 2019

In the matter of

MAJDA BEGUM …………Petitioner

Versus

COMMISSIONER OF POLICE & ORS. ……….Respondents

INDEX

Sl. Particulars Page No.

No.
1. Notice of Motion
2. Urgent application
3. Memo of parties
4. Synopsis and List of Dates
5. Writ Petition Under Article 226 Of The

Constitution Of India For Issuance Of Writ

Of Habeas Corpus Seeking Directing The

Respondents To Produce The Corpus Of

Nasrin, N-17A/87, JJ Colony, Wazirpur,

Bharat Nagar, North west, Delhi-110052

Who mysteriously disappeared on

22.11.2019 and has not yet been traced

despite an FIR being lodged on

23.11.2019
6. ANNEXURE P-1
True copy of the FIR lodged at Bharat

Nagar PS u/s 363 IPC, vide 0556/19.

7. ANNEXURE P-2
True copy of the letters posted to the
 SHO, Bharat Nagar PS and the DCP,

(North-West), Ashok Vihar PS are

annexed herewith as ANNEXURE P2

(COLLY).
8. ANNEXURE P-3
True copy of the application submitted to

the police for starting an enquiry against

Gazala and her mother

9. Vakalatnama

Filed by

PANKAJ SINHA, BIBHUTI BHUSHAN MISHRA & SHIVALIKA

ADVOCATES FOR THE PETITIONER(S)
346A, Lawyers Chamber Block I,
Delhi High Court, Delhi 110003
sinhapankaj81@gmail.com
+91 9910247816

DATED: .12.2019
NEW DELHI
 IN THE HON’BLE DELHI HIGH COURT AT NEW DELHI

(Extraordinary Criminal Writ Jurisdiction)

Writ Petition (Crl.) No. _______ of 2019

In the matter of

MAJDA BEGUM …………Petitioner

Versus

COMMISSIONER OF POLICE & ORS. ……….Respondents

Notice of Motion

Sir

Please find enclosed the accompanying petition alongwith its

annexures that we are filing before Hon’ble Delhi High Court on

behalf of the Petitioners herein. The matter is likely to be listed

before the Hon’ble Court on or on any other day as per the

convenience of Hon’ble Court.

Filed by

PANKAJ SINHA, BIBHUTI BHUSHAN MISHRA & SHIVALIKA

ADVOCATES FOR THE PETITIONER(S)
346A, Lawyers Chamber Block I,
Delhi High Court, Delhi 110003
sinhapankaj81@gmail.com
+91 9910247816

DATED: .12.2019
NEW DELHI
 IN THE HON’BLE DELHI HIGH COURT AT NEW DELHI

(Extraordinary Criminal Writ Jurisdiction)

Writ Petition (Crl.) No. _______ of 2019

In the matter of

MAJDA BEGUM …………Petitioner

Versus

COMMISSIONER OF POLICE & ORS. ……….Respondents

To

The Registrar

Delhi High Court, Delhi

SUBJECT: Application for Urgent Listing of the matter

Sir

Kindly treat the accompanying petition as urgent as urgent

intervention of the Hon’ble Court is sought in the petition. Hence
kindly list this matter before the Hon’ble Court urgently.

Filed by

PANKAJ SINHA, BIBHUTI BHUSHAN MISHRA & SHIVALIKA

ADVOCATES FOR THE PETITIONER(S)
346A, Lawyers Chamber Block I,
Delhi High Court, Delhi 110003
sinhapankaj81@gmail.com
+91 9910247816

DATED: .12.2019
NEW DELHI
 IN THE HON’BLE DELHI HIGH COURT AT NEW DELHI

(Extraordinary Criminal Writ Jurisdiction)

Writ Petition (Crl.) No. _______ of 2019

In the matter of

MAJDA BEGUM …………Petitioner

Versus

COMMISSIONER OF POLICE & ORS. ……….Respondents

MEMO OF PARTIES

Majda Begum

W/O Mohammad Pravez

R/O N-17/A- 87, Patharwala Bagh, T Huts,

JJ Colony, Wazirpur, Ashok Vihar, North West

Delhi - 110052 ...Petitioner

VERSUS

1. Commissioner of Police

DELHI POLICE HEADQUATERS,

MSO BUILDING,

NEW DELHI 110002 ….. Respondent No.1

2. Government of NCT of Delhi

Through its Chief Secretary

New Secratariat

I. P. Estate, New Delhi-110002 …Respondent No.2

3. SHO

Bharat Nagar Police Station,

Ashok Vihar, North West,

Delhi- 110052 …Respondent

No.3

Filed by

PANKAJ SINHA, BIBHUTI BHUSHAN MISHRA & SHIVALIKA

ADVOCATES FOR THE PETITIONER(S)
346A, Lawyers Chamber Block I,
Delhi High Court, Delhi 110003
sinhapankaj81@gmail.com
+91 9910247816

DATED: .12.2019
NEW DELHI
 SYNOPSIS AND LIST OF DATES

“It is the first responsibility of government in a

democratic society to protect and safeguard the lives
of its citizens”.

The present petition manifests a classic example of violation of

the most fundamental, significant and inalienable right of an
individual i.e. Right to Life and Personal Liberty and the concern
gets amplified in light of the fact that it concerns a juvenile girl
aged just 10 years who mysteriously disappeared on 22.11.2019
and has not yet been traced.

That most ironically and to the utter dismay, despite a plethora

of stringent laws enacted the police has shown no hurry and
intent to trace the minor child who could have become a victim
of Human Trafficking and other such abhorrent plight.

That trafficking in women and children is the gravest form of

abuse and exploitation of human beings. Thousands of Indians
are trafficked every day to some destination or the other and are
forced to lead lives of slavery

In nutshell, the petition portrays apathy of state organ especially

the police to perform its duties and to preserve, upkeep and
uphold the basic ethos of our constitution.

The Present Petition seeks the speedy recovery of a minor child

namely Nasrin, aged about 10 years who is the daughter of
Majda Begum and is a student of 6th standard, studying currently
in Municipal Corporation Of Delhi School, Ashok Vihar, who
mysteriously disappeared on 22.11.2019 and has not yet been
traced despite an fir being lodged on 23.11.2019.

The Petitioner herein is Majda Begum, w/o Md. Pravez, resident

of N17/A-87, Patharwala Bagh, T Huts, JJ Colony, Ashok Vihar,
North West Delhi.

That the Petitioner herein is law abiding citizen and is well

versed with the facts and circumstances of the Present case.
That the Petitioner herein is a poor lady who makes her living by
working as maid in few houses in the locality.
That the just like any common person the petitioner dreams to
live happily and wishes well-being of her family but alas the
daughter of the petitioner namely, Nasrin has been missing since
22.11.2019 and very unfortunately due to callous, casual and
ignorant approach of the police machinery she doesn’t see any
ray of hope coming her way.

The incident took place after Nasrin returned from school on

22.11.2019, after which she was visited by her classmate, Aisha,
at her home the same afternoon, who took along Nasrin and
both of them went somewhere outside, in the presence of
Nasrin’s younger sister Sabreen whereafter she never returned.

That thereafter an FIR was lodged by Majda Begum, w/o Md.

Pravez, N17/A-87, Patharwala Bagh, T Huts, JJ Colony, Ashok
Vihar, North West Delhi, U/S 363 of Indian Penal Code in Bharat
Nagar Police Station. The details of the F.I.R is as under;

SI FIR No. Police Station U/S Lodged By

.
1. 0556/19 Bharat Nagar U/S 363 Majda Begum,
Dated herein the
23/11/2019 petitioner and
Mother of Nasrin

That despite taking speedy action in tracing the juvenile, instead

the police officer informed the petitioner, that the girl Aisha, who
took Nasrin away with her has many a time escaped from home
and returned back after few days. Also, on her return, on all
occasions, she gave a statement at the Police Station stating her
stay at Netaji Subhash Chandra Palace for those missing days.
So, she might be found at the same place and the Petitioner
should look there once. She couldn’t find them over there
however.

Also, police officials falsified the information given by the

Petitioner and wrongly lodged the FIR containing fudged
information. Thereafter, applications were sent to the concerned
SHO of Bharat Nagar and the DCP (North-West) bringing to their
congnizance the misstatement in the FIR.
Thereafter the petitioner kept calling the police enquiring about
progress of the matter however, they kept beating around the
bush and kept stalling and ignoring on one pretext or the other.
However, after repeated insistence on around 04.12.2019, the
police agreed to enquire and interrogate Gazala and her mother
but on the condition that the petitioner give an application in
writing stating that she has reasonable doubt on Gazala and her
mother with respect to the incident of missing of Nasrin.

However, despite the complaint been made to the police and the
above FIR having been lodged even after a lapse of month, no
substantial action seems to have been taken as yet by the police
in this regard.

That the petitioner gravely apprehends that her child might have
become the victim of human trafficking and other such plight

The Petitioner seeks that the abovementioned minor child of the

petitioner is immediately traced.

Being aggrieved by the complete inaction of the police the

present Petition is being preferred by the petitioner.

DATE EVENTS
22/11/2019 Nasrin, a girl aged 10 years, who is the

daughter of the Petitioner mysteriously

disappeared along with her friend Aisha, post

school hours at 4 P.M.

23/11/2019 An FIR vide 0556/19, has been lodged by Majda

Begum, w/o Md. Pravez, u/s 363 of the Indian

Penal Code, at Bharat Nagar Police Station.

23/11/2019 The Petitioner was advised she might be found

at Neta Ji Subhash Chandra Palace since the

other girl namely Aisha has been missing a

couple of times in the past and stated by herself

 that she used to visit that place.
After The Petitioner kept calling the Police Officials to

23/11/2019 know about the status of the matter but no

response was received by her.

30/11/2019 The Petitioner was called at the Police station.

An enquiry was made with Muskan, who studied

at the same coaching as Nasrin.

30/11/2019 Gazala, the elder sister of Aisha and the mother

of Aisha was called at the Police Station for

enquiry purposes.
30/11/2019 The Petitioner was kept in dark about the

progress of the case.

04/12/2019 At the Insistence of the Petitioner, the Police

agreed to enquire with Gazala and her mother.

04/12/2019 The Petitioner wrote an application stating

reasonable doubt on Gazala and her mother, to

justify the interrogation of the aforementioned

persons.
06/12/2019 The Petitioner send applications to the

concerned SHO of Bharat Nagar and DCP

(North-West), bringing to their cognizance the

misstatement in the FIR.

08/12/2019 The Investigating Officer named Jitender,

received the application to constitute an enquiry

with Gazala and her mother, assuring the

Petitioner.
After The Petitioner kept calling the Police all the

08/12/2019 while enquiring about the whereabouts of her

daughter, however the Police instead of taking

 expeditious actions kept making hollow

promises.
12/12/2019 The Petitioner was informed that a Police

Personnel has been assigned for investigating

the matter and the Petitioner shall coordinate

with him for obtaining the status of the same.

14/12/2019 The Petitioner called the concerned Policeman

who told her that he went to the house of

Gazala and her mother, but neither of them

were present.
14/12/2019 The Policeman informed the Petitioner that due

to the absence of the afore-mentioned persons

at their residence, nothing further was

proceeded in that regard.

Hence the present writ petition.

IN THE HON’BLE DELHI HIGH COURT AT NEW DELHI

(Extraordinary Criminal Writ Jurisdiction)

Writ Petition (Crl.) No. _______ of 2019

In the matter of

MAJDA BEGUM …………Petitioner

Versus

COMMISSIONER OF POLICE & ORS. ……….Respondents

WRIT PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OF

HABEAS CORPUS SEEKING DIRECTING THE

RESPONDENTS TO PRODUCE THE CORPUS OF NASRIN,

N-17A/87, JJ COLONY, WAZIRPUR, BHARAT NAGAR,

NORTH WEST, DELHI-110052 WHO MYSTERIOUSLY

DISAPPEARED ON 22.11.2019 AND HAS NOT YET BEEN

TRACED DESPITE AN FIR BEING LODGED ON 23.11.2019

AND FOR OTHER DIRECTIONS,

THE HON’BLE CHIEF JUSTICE AND

THE OTHER COMPANION JUDGES OF
THE HON’BLE HIGH COURT OF DELHI
HUMBLE PETITION OF
THE PETITIONER ABOVE NAMED.

MOST RESPECTFULLY SHOWETH: -

1. The present Writ Petition is being filed under Article 226 of

the Constitution of India seeking a Writ of Habeas Corpus

to the Respondents to immediately trace and produce

before this Hon’ble Court namely Nasrin D/o Majda Begum,

R/o N 17/A-87, Patharwala Bagh, T Huts, JJ Colony,

Wazirpur who mysteriously disappeared on 22.11.2019 and

 has not yet been traced despite an fir being lodged on

23.11.2019.

1A. That the petitioner has not filed any other petition in

this Hon'ble court or any other court for the present issue

and relief as prayed for in the present matter. That the

annexures annexed with the present petition are true

copies of the respective originals.

2. That this Hon’ble court has the jurisdiction to hear the

present petition as the person in question in the present

petition has mysteriously disappeared on 22.11.2019 and

has not yet been traced despite an FIR being lodged on

23.11.2019 are the facts leading to the filing of this writ

petition.

3. The present petition manifests a classic example of

violation of the most fundamental, significant and

inalienable right of an individual i.e. Right to Life and

Personal Liberty and the concern gets amplified in light of

the fact that it concerns a juvenile girl aged just 10 years

who mysteriously disappeared on 22.11.2019 and has not

yet been traced.

4. That most ironically and to the utter dismay, despite a

plethora of stringent laws enacted the police has shown no

hurry and intent to trace the minor child who could have

become a victim of Human Trafficking and other such

abhorrent plight.
5. The present petition portrays apathy of state organ

especially the police to perform its duties and to preserve,

upkeep and uphold the basic ethos of our constitution.

6. That the Petitioners herein is law abiding citizen and is well

versed with the facts and circumstances of the Present

case.

7. The petitioner is a very poor lady who makes her living by

working as maid in few houses in the locality. The

daughter of the petitioner Namely “Nasrin” aged about 10

years who mysteriously disappeared on 22.11.2019 and

has not yet been traced despite the complaint been made

to the police and an FIR being lodged on 23.11.2019.

Also, it came to the knowledge of the petitioner that

another girl namely Aisha, who happens to be the

classmate of Nasrin is also missing since the evening.

8. That after enquiring about the incident the petitioner came

to know that Aisha had come to the petitioner’s place

asking for Nasrin, whereafter, both of them went together

at around 4 pm on 22.11.2019. It was witnessed by one of

the relatives of the petitioner named Md. Jamil, that a girl

named Aisha had come to the place of the petitioner on

that day i.e. 22.11.2019. Also, youngest daughter of the

petitioner named Sabreen Parveen was present at home

when Aisha came and took Nasrin alongwith her.

9. Thereafter the petitioner, that is the mother of Nasrin,

alongwith Nazda, mother of Aisha, tried to trace the

whereabouts of the missing girl, frantically searching for

them in the locality, however they could not be found.

10. That Nazda, the said mother of Aisha, consoled and

convinced the mother of the petitioner not to lodge an FIR

immediately or rather advised her to wait for sometime and

search for them at their own level.

11. Thereafter on 23.11.2019, the petitioner alongwith

two of her relatives went to Bharat Nagar Police Station

and informed the police about the incident narrated the

whole story and providing the photograph of the missing

girl on the same day as asked for by the police. The police

although converted it into FIR vide 0556/19, however, they

twisted and manipulated facts of the story for the reasons

best known to them. True copy of the FIR lodged at Bharat

Nagar PS u/s 363, IPC, vide 0556/19 is annexed herewith

and marked as ANNEXURE P1.

12. That on 23.11.2019, after narrating the story the police

asked the petitioner to wait for sometime in the police

station. Meanwhile, the petitioner met few other police

officers in the same police station who told them that she

might be found at Neta Ji Subhash Chandra Palace since the

other girl namely Aisha has been missing a couple of times in

the past and thereafter has also been found after few days.

Upon return Aisha always used to state that she had been at

Neta Ji Subhash Chandra Palace while the missing days.

13. That for next few days, the petitioner has kept on calling

the concerned police officials and also went to the police

station couple of times, but to no avail, alas!

14. That on 30.11.2019 the petitioner called the police again

enquiring about the missing girl. The police called the

petitioner at the Police Station. Thereafter police called a girl

named Muskan aged about 12 years who happens to take

tuition at the same place as that of Nasrin and made some

enquiry. Also, police called the mother of Aisha and her elder

sister named Gazala purportedly for some enquiry purposes,

however, the petitioner was kept in dark about the progress

of the investigation.

15. That thereafter the petitioner kept calling the police

enquiring about progress of the matter however, they kept

beating around the bush and kept stalling and ignoring on

one pretext or the other. However, after repeated insistence

on around 04.12.2019, the police agreed to enquire and

interrogate Gazala and her mother but on the condition that

the petitioner give an application in writing stating that she

has reasonable doubt on Gazala and her mother with respect

to the incident of missing of Nasrin.

16. That thereafter the petitioner sent letters addressed to the

concerned SHO and the DCP, bringing to their cognizance the

misstatement of the FIR and post the same to the afore-

mentioned addressee. The said letters were duly posted by

the petitioner herself on 06.12.2019. True copy of the letters

posted to the SHO, Bharat Nagar PS and the DCP, (North-

West), Ashok Vihar PS are annexed herewith as ANNEXURE

P2 (COLLY).

17. That thereafter on 08.12.2019 the above-mentioned

application as demanded by the police as a pre-requisite to

enquire Gazala and her mother was furnished by the

petitioner to the police. The concerned Investigating Officer

named Jitender received the same and assured the petitioner

to take expeditious action in this regard. True copy of the

application submitted to the police for starting an enquiry

against Gazala and her mother is annexed herewith and

marked as ANNEXURE P3.

18. That thereafter again the petitioner kept on frantically

calling the police and enquiring about her missing daughter

but the police kept on assuring and reassuring the petitioner,

making hollow promises and keeping mum about actual

development of the matter.

19. That on 12.12.2019 the petitioner was told that a police

officer has been deputed for investigating and enquiring in

the matter and the petitioner may coordinate with him from

now onwards about the progress of the matter.

20. That on 14.12.2019, petitioner called the concerned

deputed policeman who informed the petitioner that he went

to the house of Gazala and her mother, but neither of them

were present at home and so nothing could be proceeded

futher in this regard.

21. That despite the above FIR having been lodged almost a

month ago, no substantial action seems to have been taken

as yet by the police in this regard.

22. That the petitioner apprehends that her child might have

become the victim of human trafficking and other such

plight.

23. That the Hon'ble Delhi High Court in the case of Court on

Its own Motion V/s State W.P. (Crl.) 249/2009 had

issued the following guidelines to the commissioner of Delhi

Police,

“(K) The Commissioner of Police shall evolve a

standard operating procedure especially

meant for missing children when a report is

received in the police station or in the Police

Control Room about the missing children. The

said policy shall be produced before this Court

on the next date of hearing.

6. We have issued the aforesaid directions

regard being had to the issue which really

touches the basic fulcrum of a civilized society.

It should be borne in mind that child is the

internal hope for future. It does not matter

from which background the child comes. A

child is a child despite the background for all

purposes and no apathy by anyone can even

remotely be shown for such an attitude is not

countenanced in a society where the rule of

law prevails. That apart, it becomes the duty

of the member of a civilized society to see that

the children are treated with care and

nurtured with real concern. The authorities,

who are in the realm of aforesaid, should

apprise themselves that the slightest neglect

of a child today will cause immensurable

catastrophe to the posterity in future and in

the ultimate eventuality, there may be a

national disaster.”
24. That trafficking in women and children is the gravest

form of abuse and exploitation of human beings.

Thousands of Indians are trafficked every day to some

destination or the other and are forced to lead lives of

slavery. They are forced to survive in brothels, factories,

guesthouses, dance bars, farms and even in the homes of

well-off Indians, with no control over their bodies and

lives. The Indian Constitution specifically bans the

trafficking of persons. Article 23, in the Fundamental

Rights, Part III of the Constitution, prohibits “traffic in

human beings and other similar forms of forced labour”.

That the International conventions exist to punish and

suppress trafficking especially against women and children

[Ref: UN Protocol to Prevent, Suppress and Punish

Trafficking in Persons also referred as the Palermo Protocol

on Trafficking.] Trafficking is now defined as an organized

crime against humanity. The convention being an

international convention is limited to cross border

trafficking but does not address trafficking within the

country. The definition of trafficking is significant:

“… The recruitment, transportation, transfer,

harboring or receipt of persons by means of

threat or use of force or other forms of

coercion, of abduction, of fraud, of deception,

of the abuse of power or of a position of

vulnerability or of the giving or receiving of

payments or benefits to achieve the consent

of a person having control over another

person, for the purpose of exploitation…”

25. That Respondents No.1 & 2 are functionaries under

Article 12 of the Constitution of India. These functionaries

are responsible for ensuring the safety and protection of

the citizens from the brutal offence of trafficking and it is

their duty that those who are guilty of harming minor,

adolescents, women and children, are apprehended,

prosecuted and penalised.

26. That there is no other efficacious remedy available

to the petitioner.

27. That all the annexures annexed with the present

petition are copies of the respective originals.

28. The petitioner seeks that the whereabouts of his

missing brother be traced and it be ensured that she is safe

and secure. Petitioner further seeks production of her child.

29. That no petition/ application has been filed before

any other Court or tribunal seeking similar relief by the

Petitioner.
 30. That the Hon’ble Court has jurisdiction to entertain

the present complaint as the cause of action has arisen

within the jurisdiction of this Hon’ble Court.

GROUNDS

That in the above-mentioned facts and circumstances, the

present petition is being filed on the basis of the following

grounds, amongst other, without prejudice to, and independent

of others:

A. Because the petitioner is a very poor person and makes

her living by working as maid in few houses in the locality.

The daughter of the petitioner Namely “Nasrin” aged about

10 years has been missing since 22nd of November. Also,

it came to the knowledge of the petitioner that another girl

namely Aisha, who happens to be the classmate of Nasrin

is also missing since the evening.

B. Because the present petition manifests a classic example

of violation of the most fundamental, significant and

inalienable right of an individual i.e. Right to Life and

Personal Liberty and the concern gets amplified in light of

the fact that it concerns a juvenile girl aged just 10 years

who mysteriously disappeared on 22.11.2019 and has not

yet been traced.

C. Because most ironically and to the utter dismay, despite a

plethora of stringent laws enacted the police has shown no

hurry and intent to trace the minor child who could have

become a victim of Human Trafficking and other such

abhorrent plight.

D. Because the Hon'ble Delhi High Court in Court on Its

own Motion V/s State W.P. (Crl.) 249/2009 had

issued the following guidelines to the commissioner of

Delhi Police,

“(K) The Commissioner of Police shall evolve a

standard operating procedure especially

meant for missing children when a report is

received in the police station or in the Police

Control Room about the missing children. The

said policy shall be produced before this Court

on the next date of hearing.

6. We have issued the aforesaid directions

regard being had to the issue which really

touches the basic fulcrum of a civilized society.

It should be borne in mind that child is the

internal hope for future. It does not matter

from which background the child comes. A

child is a child despite the background for all

 purposes and no apathy by anyone can even

remotely be shown for such an attitude is not

countenanced in a society where the rule of

law prevails. That apart, it becomes the duty

of the member of a civilized society to see that

the children are treated with care and

nurtured with real concern. The authorities,

who are in the realm of aforesaid, should

apprise themselves that the slightest neglect

of a child today will cause immensurable

catastrophe to the posterity in future and in

the ultimate eventuality, there may be a

national disaster.”

E. Because trafficking in women and children is the gravest

form of abuse and exploitation of human beings.

Thousands of Indians are trafficked everyday to some

destination or the other and are forced to lead lives of

slavery. They are forced to survive in brothels, factories,

guesthouses, dance bars, farms and even in the homes of

well-off Indians, with no control over their bodies and

lives. The Indian Constitution specifically bans the

trafficking of persons. Article 23, in the Fundamental

Rights, Part III of the Constitution, prohibits “traffic in

human beings and other similar forms of forced labour”.

Though there is no concrete definition of trafficking, it

could be said that trafficking necessarily involves

movement/transportation, of a person by means of

coercion or deceit, and consequent exploitation leading to

commercialization. The abusers, including the traffickers,

the recruiters, the transporters, the sellers, the buyers, the

end-users etc., exploit the vulnerability of the trafficked

person. Trafficking shows phenomenal increase with

globalization. Increasing profit with little or no risk,

organized activities, low priority in law enforcement etc.,

aggravate the situation. The income generated by

trafficking is comparable to the money generated through

trafficking in arms and drugs. Trafficking in human beings

take place for the purpose of exploitation which in general

could be categorized as (a) Sex-based and (b) Non-sex-

based. The former category includes trafficking for

prostitution, Commercial sexual abuse, paedophilia,

pornography, cyber sex, and different types of disguised

sexual exploitation that take place in some of the massage

parlours, beauty parlours, bars, and other manifestations

like call girl racket, friendship clubs, etc. Non sex based

trafficking could be for different types of servitude, like

domestic labour, industrial labour, adoption, organ

transplant, camel racing, marriage related rackets etc. But

the growing trafficking in women is principally for the

purpose of prostitution. Prostitution is an international

problem. However, we are aware of the fact that it is

legalized in many countries around the globe.

Unfortunately, society remains tolerant of this abominable

crime against women. There are assorted ways of getting

women into prostitution that are common to many

countries; then there are particular unique methods varies

to a country. Probably, the three most common methods

are false employment promises, false marriages and

kidnapping. But what makes women and girls vulnerable

are economic distress, desertion by their spouses, sexually

exploitative social customs and family traditions. In a

recent survey in India, prostituted women cited the

following reasons for their remaining in the trade, reasons

that have been echoed in all the concerned countries. In

descending order of significance, they are: poverty and

unemployment; lack of proper reintegration services, lack

of options; stigma and adverse social attitudes; family

expectations and pressure; resignation and acclimatization

to the lifestyle. The two principal Indian laws that

addresses the trafficking and prostitution in particular are

the Suppression of Immoral Traffic in Women and Girls

Act, 1956 (SITA) and the Immoral Traffic (Prevention) Act,

1986 (ITPA), colloquially called PITA, and amendment to

 SITA. Neither law prohibits prostitution per se, but both

forbids commercialized vice and soliciting.

F. Because the International conventions exist to punish and

suppress trafficking especially against women and children

[Ref: UN Protocol to Prevent, Suppress and Punish

Trafficking in Persons also referred as the Palermo Protocol

on Trafficking.] Trafficking is now defined as an organized

crime against humanity. The convention being an

international convention is limited to cross border

trafficking but does not address trafficking within the

country. The definition of trafficking is significant:

“… The recruitment, transportation, transfer,

harboring or receipt of persons by means of

threat or use of force or other forms of

coercion, of abduction, of fraud, of deception,

of the abuse of power or of a position of

vulnerability or of the giving or receiving of

payments or benefits to achieve the consent

of a person having control over another

person, for the purpose of exploitation…”

G. Because the Respondents No.1 & 2 are functionaries under

Article 12 of the Constitution of India and these

functionaries are responsible for ensuring the safety and

protection of the citizens from the brutal offence of

trafficking and it is their duty that those who are guilty of

harming minor, adolescents, women and children, are

apprehended, prosecuted and penalised.

H. Because the missing person in the present petition is

vulnerable and immediate action needs to be taken by the

respondents to recover him.

I. Because the petitioner has gone to the police station but

has been harassed by the complete inaction of the police

in this matter.

J. Because there is no other efficacious remedy available to

the petitioner.

PRAYER

In the above-mentioned facts and circumstances, it is most

respectfully prayed that this Hon’ble Court may be pleased to:

I. Issue a Writ of Habeas Corpus or for any appropriate

writ, order or direction to the Respondents to immediately

 produce before this Hon’ble Court, the abovementioned

missing girl namely Nasrin D/o Majda Begum, R/o N 17/A-87,

Patharwala Bagh, T Huts, JJ Colony, Wazirpur.

II. Pass such other order or orders as this Hon’ble Court

may deem fit in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE PETITIONERS ARE

DUTY BOUND SHALL EVER PRAY.
Filed by

PANKAJ SINHA, BIBHUTI BHUSHAN MISHRA & SHIVALIKA

ADVOCATES FOR THE PETITIONER(S)
346A, Lawyers Chamber Block I,
Delhi High Court, Delhi 110003
sinhapankaj81@gmail.com
+91 9910247816

DATED: .12.2019
NEW DELHI
IN THE HON’BLE DELHI HIGH COURT AT NEW DELHI
(Extraordinary Criminal Writ Jurisdiction)

Writ Petition (Crl.) No. _______ of 2019

In the matter of

MAJDA BEGUM …………Petitioner

Versus

COMMISSIONER OF POLICE & ORS. ……….Respondents

AFFIDAVIT

I, MAZDA BEGUM W/o Mohammad Pravez, R/O N-17/A- 87,

Patharwala Bagh, T Huts, JJ Colony, Wazirpur, Ashok Vihar,

North West, Delhi – 110052 do hereby solemnly affirm and state

on oath as under:

1. That I am the person to whom the missing person owes the

money and I am well conversant with the facts and

circumstances of this case and I have been authorised by all

the petitioner to sign the present affidavit hence competent

to swear this affidavit in such capacity.

2. That I have read and understood the contents from

paragraph…….to ……… and pages ……. to…... of the

Synopsis and paragraph ……. to ……. and pages ……. to

…….of the Petition, and I state that the same is based on

my personal knowledge and belief and the rest of the

 contents in the petition as well as the application is based on

the legal advice given to me.

3. That I have been read over the contents of the petition and

accompanying application in vernacular Hindi and I have

understood the contents of this writ petition and the

accompanying application. I further say that the contents thereof

are true and correct to the best of my knowledge and belief.

4. I further state that no petition/ application have been filed

before any other Court or tribunal seeking similar relief by

the Petitioner.

DEPONENT

Verification

Verified at New Delhi on the ______ day of of 2019

that the contents of the Affidavit are true and correct to the

best of my knowledge and nothing material has been

concealed thereupon.

DEPONENT