The Madurai Bench of the Madras High Court today directed to take necessary action against a Judicial Magistrate for "acting with an ulterior motive" in a Habeas Corpus Petition.
Justice A Selvam and Justice V S Ravi, on petition filed by one Kannaiya to produce his minor daughter who was in the home for destitutes, said the Judicial Magistrate K S Paulpandian had allowed the girl to go with one Sirajnisha, who was not having any relationship with her, though the High Court had specifically directed authorities to lodge the girl in the home.
She was lodged in the home for destitutes as she was not willing to stay with her parents.
When the High Court had asked explanation for sending the girl from the destitute home, the explanation given by the Judicial Magistrate was that as the High Court had disposed the HCP, he had handed over the girl to a third party.
The judges directed the Registrar of Madurai court to send the copy of the High Court's earlier order to detain the girl in the home till she became a major and the get the explanation of the Judicial Magistrate for appropriate action.
The petitioner submitted a petition earlier to produce his 17 year old daughter, she was produced in the court. As the girl did not want to go with her father, she was asked to be lodged at the destitute home.
The court said if there was change in the mind of the girl, she could be sent with her parents. The case been adjourned in various dates and no final order had been issued.
Sirajnisha, who has no relationship with the girl, filed a petition in the Judicial Magistrarte court as if the girl had attained major.
The Magistrate had allowed the girl to go with Sirajnisha despite a case pending in teh HIgh Court.
