Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
CRL.M.P.NO. 3401 OF 2009
IN
WRIT PETITION (CRL.) NO. 112/2007
V. Ravi Chandran …Petitioner
Versus
Union of India & Ors. …Respondents
ORDER
R.M.LODHA, J
Should Central Bureau of Investigation be requested to
trace the minor child Master Adithya Chandran in the Habeas Corpus
petition filed by the father is the question presently before us?
2. Dr. Ravi Chandran –petitioner and Vijayashree Voora –
respondent no. 6 got married on December 14, 2000 at Tirupathi,
Andhra Pradesh according to Hindu rites. On July 1, 2002, a son –
Adithya was born out of the wedlock in United States of America .
The matrimonial discord arose between the petitioner and respondent
no. 6 soon thereafter. Respondent no. 6 approached the State of
New York Supreme Court in the month of July, 2003 for divorce and
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dissolution of marriage. On April 18, 2005, the State of New York
Supreme Court passed a consent order governing the issues of the
custody and guardianship of the minor Adithya. The Court granted
joint custody to the petitioner and respondent no. 6 and it was also
stipulated in the order to keep the other party informed about the
whereabouts of the child. On July 28, 2005, a separation agreement
was entered into between the petitioner and respondent no. 6 relying
on various provisions of Domestic Relations Law for distribution of
marital property, spouse maintenance and child support. As regards
custody of the minor son Adithya and parenting time, the parties
consented to the order dated April 18, 2005. On September 8, 2005,
the marriage between the petitioner and respondent no. 6 was
dissolved by the State of New York Supreme Court . Child Custody
order dated April 18, 2005 was incorporated in the order. Later on a
consent order was passed by the Family Court, State of New York
on June 18, 2007 whereby the petitioner and respondent no. 6 were
to have legal and physical custody of the minor child jointly. The
consent order provided that parties shall have alternative physical
custody of the minor child on a weekly basis.
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3. On June 28, 2007, respondent no. 6 brought minor
Adithya to India informing the petitioner that she will be residing with
her parents in Chennai. The petitioner approached Family Court,
State of New York for violation of the order by respondent no. 6
pertaining to visitation and custody of minor child. He also filed a
petition for modification of the custody order. By an order dated
August 16, 2007, the Family Court, State of New York granted sole
legal and physical custody of the minor Adithya to the petitioner
temporarily and by a further order dated August 8, 2007 ordered
respondent no. 6 to hand over custody of Master Adithya to the
petitioner. It transpires that the Family Court, State of New York has
issued child abuse non-bailable warrants against respondent no. 6.
4. In the month of September, 2007, the petitioner filed a
writ petition before this Court praying for a writ of Hebeas Corpus for
the production of minor son Adithya and for handing over the custody
with his passport to the petitioner. The petitioner has alleged that
the child has been illegally and unlawfully detained beyond his
motherland, USA in blatant violation of orders of US Courts.
5. In the Hebeas Corpus petition, the petitioner has
impleaded Union of India, States of Tamil Nadu and Andhra
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Pradesh, Director General of Police of these two States, wife -
Vijayashree Voora and her parents as party respondents.
6. On September 17, 2007, notice was issued to the
respondents. Subsequently the petitioner informed the Court that on
March 15, 2008, the respondent no. 6 abandoned her residence in
Dehradun and traveled in a rented car towards New Delhi and on the
way redirected herself to Agra . The next day she was last seen at
the entrance of Agra Cantonment Railway Station. Based on that,
this Court issued directions on April 28, 2008 to Senior
Superintendent of Police, Agra and Senior Superintendent of Police,
Union Territory of Chandigarh to trace the child and produce him in
this Court.
7. In the affidavit filed by the Senior Superintendent of
Police, Agra on September 16, 2008, it is stated that for tracing the
minor child Adithya and respondent no. 6, a massive search
operation was carried through out Agra and all hotels, guest houses
and other similar areas were checked but they could not be found
residing anywhere in Agra . He also stated that through District Crime
Record Bureau and all SHOs and SOs of police stations of District
Agra efforts have been made to trace out minor child and her
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mother and their photographs have also been published along with
their description in newspapers having wide circulation all over the
country but no clue of their whereabouts could be found.
8. Shri S.S. Srivastava, Senior Superintendent of Police,
Union Territory , Chandigarh has filed his affidavit on August 13,
2008. He has stated:
“…All Station House Officers of Police Stations in
Chandigarh have been issued instructions vide letter
No. 1057-5A/Crime Branch, U.T. Chandigarh dated
3.8.2008 in which the photographs and description of
Smt. Vijayasree Voora and her son Adithya have
been mentioned and they have been directed to make
efforts to trace the whereabouts of the above
mentioned persons and see if they are residing in any
residential area, hotel, guest house, sarai. Though
beat system all such places in Chandigarh have been
got thoroughly checked and no such persons has
been found to be residing in Chandigarh .
A special look out notice alongwith the
photographs Smt. Vijayasree Voora and her son
Aditya has been issued vide No. 17011-
17030/MOB/UT/A-III/dated, Chandigarh the 5.8.2008
in which directions were issued to all SDPO’s and
Station House Officers to maintain a sharp look out to
trace out the whereabouts of the above mentioned
woman and her son and to send their report on
weekly basis about the details of the efforts made to
trace the above mentioned persons. A copy of the
lookout notice is annexed and marked ANNEXURE
R-1 . All SHO’s of Police Station in Chandigarh have
submitted their reports after having thoroughly
checked the area under their jurisdiction and the
whereabouts of the above mentioned woman and her
child could not be traced out in Chandigarh .
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On 8.8.2008 the photographs of Smt.
Vijaysree Voora and her son Adithya alongwith their
description has been got published in Times of India,
one of the leading newspapers having wide circulation
all over India .
The photographs and description of Smt.
Vijaysree Voora and her son Aditya have also been
got displayed in Bharat Sarkar Doordarshan Kendra,
Chandigarh and Delhi , TV Channels having coverage
throughout the country.
A team of police officers have been especially
deputed from Crime Branch, Chandigarh Police for
tracing the whereabouts of Smt. Vijayasree Voora and
her son Aditya, who are regularly checking all the
hotels, schools and other places where there could be
possibility of finding the above mentioned woman and
her child.”
9. Parents of respondent no. 6 have filed counter affidavit.
They have totally denied any knowledge or idea about whereabouts
of respondent no. 6 and minor child. In the counter affidavit they
stated thus:
“11. I submit that in view of the information
narrated by her about the harassment and cruelty
(mental torture) caused by the petitioner she had left
my house without disclosing her whereabouts and I
sincerely state that I am not aware of her
whereabouts and I am not able to communicate with
her.
12. I state from the annexures filed
particularly annexure P-10 Colly dated 11.8.2007
refers to that in response to conversation with this
respondent mentioned in E-mail in para ‘I’ or after. I
submit that in one of the E-mail at annexure P-10
Colly the petitioner addressed to Respondent No. 7
that:-
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“I have been trying to reach Aditya for the past
several weeks and Viji has completely cut me off
from the life of Aditya. Mrs. Voora (Your wife)
informs me that she does not know where Viji and
Aditya are”
I submit that this respondent from September
itself had no knowledge or awareness of the
whereabouts of respondent no. 6 and her minor child
and that from ever since she left, he has no
information at all about her whereabouts nor he had
any contacts or connection with this respondent, and
we are not able to trace her out and her minor child.
Inspite of knowing all these facts that these
respondents are completely oblivious and in complete
darkness about her whereabouts even on today….”
10. In the affidavit filed by the Director General of
Police, Tamilnadu, it is stated that the respondent no. 6 and the
minor chilld were not found residing at No. 47, B.N. Road (North
Boag Road), T. Nagar, Chennai, and on that address, the parents of
respondent no. 6 are only residing.
11. The petitioner has filed a Misc. Petition (Crl.
M.P.3401 of 2009) on February 23, 2009 stating therein that as per
the Deccan Herald newspaper report dated February 18, 2009,
respondent no. 6 and the child were last seen in Bangalore . They
stayed at KES Lodge in Rajajinagar, Bangalore . On February 23,
2009, accordingly, this Court directed the Director General of Police,
Karnataka and Commissioner of Police, Bangalore to trace the child
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and produce before him this Court on the next date. By a further
order dated May 8, 2009, this Court directed the State of Karnataka
and particularly, Director General of Police, Karnataka to take
appropriate steps to trace the child. A copy of this order was also
sent to the Chief Secretary, State of Karnataka .
12. Shri S.N.Bidari, Commissioner of Police, Bangalore
city has filed his affidavit stating therein that all necessary steps
required in order to trace the missing child Master Adithya Chandran
and his mother Mrs. Vijayashree Voora have been taken but without
any success. In the affidavit, the details of the efforts made by
Karnataka Police have been set out thus:
“2) It is submitted that the Police Inspector and his
team of Rajajinagar Police Station of Banagalore City
visited KES Residency, 50th Cross, 3rd Block,
Rajajinagar on 5.3.2009 and the said lady and master
Adithya were not found. On enquiry with one Shri
Prabhakar, Manager of the said Residency, it was
learnt that Smt. Vijayashree Voora, mother of the
child had left the residency alongwith the child on
17.2.2009 and had not returned. …..
3) It is submitted that the enquiry revealed that
she went to Shiva Temple , Old Airport Road ,
Bangalore in a private Qualais Vehicle from KES
Residency on 17.2. 2009. The enquiry revealed
that she requested the manager for help and she was
told to come after Shivarathri festival. She left her
luggage in the temple and took shelter in the
Manager’s residence for the night. The next day i.e.
on 18.2.2009, she left the temple and after two days,
she collected her baggage. Thereafter, there is no
information about her whereabouts and the child. The
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staff continued search in several places in Banagalore
City, but the child could not be traced.
4) It is submitted that the Police Sub –Inspector,
Subramanaya Nagara Police station went to Chennai
on 4.3.2009 alongwith his staff and enquired with
Smt. A. Poornima and her husband Shri A. Ramesh
R/o No. 13, North Bhoug Road , G.N. Shetty Road ,
Chennai- 600 017. Smt. A. Poornima sister of
Vijayashree Voora said that her sister Vijayashree
Voora had married one Sathya Narayana 18 years
back. After 5 years of marriage, she divorced her
husband and again married one Dr. V. Ravichandra
(Petitioner) in a love marriage and they have one
male child name Master Aditya Chandran. Five years
back, both of them got mutual divorce in USA (where
they were staying together_ and Smt. Vijashree
Voora returned from America . At that time, she came
to Poornima’s residence and she and her husband
advised herand even her father also advised her, but
she refused to heed to their advice to reconcile with
her husband and left the house and till today she had
not returned to their residence. Thereafter, her
whereabouts are not known. The statement of Smt.
A. Poornima and her husband were recorded by the
Police Sub-Inspector, Subramanyanagara Police
Station. The report of the Police Sub-Inspector,
Subramanyanagara Police Station is produced and
marked as ANNEXURE-R-2 AND R-2a. As per the
instructions of Police Inspector, Mahalakshmi Police
Station, the Police Sub-Inspector, Rajajinagar Police
Station visited Tumkur on 5.3.2009 and enquired at
1) VARIN International Residential School,
Doddahosur Gate, Kunigal Road , Gulur Post,
Tumkur 0572 118, 2) Prudence International School ,
Hirehalli, Next to TVS Electronics, Tumkur, 3)
Maruthi Vidya Kendra, Belagumba Road , Tumkur,
4) Sri. Sri. Ravishankar Vidya Mandir, Belagumba
Road, Near TUD Office, Tumkur, 5) Sri.
Siddaganga Mutt, Tumkur and also enquired with the
concerned persons of Samuka Residency, Sai
Residency, Vigneshwara Comforts and showed the
photo of the child, but no useful information was
obtained. …..
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5) It is submitted that on 5.3.2009, Police Sub-
Inspector, Srirampura Police Station visited
Veda Vignan Maha Vidya Peeta and met Mr.
Narendra Lamba, the Administrator, Art of
Living International Centre and showed photo
of Adithya Chandran. However, it was found
that no such persons was stayng in the
Ashram. …..
6) It is submitted that on 6.3.2009, the Poilice
Sub-Inspector, Mahalakshmi Layout Police
Station, Bangalore alongwith staff visited Shri
Sathya Sai Gokulam at Kadugodi, Bangalore
District, in search of missing boy and enquired
with Mr. Srinivas, Custodian of Ashram. It was
reported that no such persons was staying in
the Ashrama. The PSI also visited Sir.
Sathya Sai Institute of Medical Sciences,
Whitefield and met Mr.Mohan Das, Sr.
Personnel Officer and PRO who informed that
no such persons, by name Smt. Vijayashree
Voora or Master Aditya was admitted in the
Hospital. The report of the Police Sub-
Inspector, Mahalakshmi layout, Police Station,
is produced and marked as Annexure-R5.
The Asstt. Commissioner of Police, City Crime
Record Bureau, Office of the Comissioner of
Police, Infantry Road , Bangalore was
instructed on 18.3.2009 to get the photo of
Aditya Chandra published in the Criminal
Intelligence Gazette requesting all the
concerned to trace the missing child. The
Addl. Director General of Police, State Crime
Record Bureau, Bangalore was also
requested to publish the photograph of Master
Aditya Chandran in ‘Talash’ and to transmit
the said information to all the Police Stations in
the State and to trace the said missing boy as
early as possible.
7) The Respondent further submits that City crime
Record Bureau on 31.3.2009 sent letter to the Deputy
Inspector General of Police, State Crime Record
Bureau to publish the details of the missing persons in
criminal Intelligence Gazette.
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8) The Respondent further submits that on
16.4.2009 the Police Inspector, Rajajinagar Police
Station, wrote a letter to the State Crime Record
Bureau, Bangalore to verify and compare the
particulars of the missing child in the Talash record
and on comparison a nil report was sent to
Rajajinagar Police Station on 17.4.2009. On
16.4.2009 the Assistant Commissioner of Police,
Malleshwaram, Bangalore wrote letter to the
Commissioner of Police, Bangalore requesting for
publication of the missing child Master Adithya
Chandran in Kannada and English “daily news
papers”. Further he also requested the
Commissioner of Police to send the details to all the
District superintendents of Police and Commissioners
of Police of Hubli – Dharwad, Mysore and Railway
Superintendent of Police. Further, the Asstt.
Commissioner of Police. Malleshwaram, Bangalore ,
wrote letter to Commissioner of Police with a request
to address a letter to Doordarshan to Broadcast the
particulars of the missing child in Doordarshan.
Deputy Commissioner of Police North Divilsion ,
Bangalore City had sent e-mails to all Commissioners
of Police, all Range Inspectors General of Police, all
Superintendents of Police including Railways all over
Karnataka State requesting them to look out for the
missing child. An e-mail is also sent to the Director,
National Crime Record Bureau, New Delhi requesting
for look out of the missing child. ….
9) The respondent further submits that the
Assistant Commissioner of Police, Malleshwaram
wrote a letter to All India Radio, with a request to
Broadcast the particulars of the missing child on air.
…..
10) The respondent further submits that on
18.4.2009 the Public Relation Officer in the Cadre of
Deputy Commissioner of Police in the office of
Commissioner of Police released press note to all the
Electronic Media and Print media requesting for
publication of the particulars of the missing child
Master Adithya Chandran on Air. The report
regarding the Broadcast of the particulars of the
missing child in Doordarshan is also received. ……
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11) It is also further submitted that on 16.4.2009
itself the details of the missing child were
uploaded on Internet on Karnataka State
Police web page. The copy of the Web page is
herewith produced and marked as
ANNEXURE-R20. It is also relevant to submit
that all relevant steps are taken to carry out the
upload of the particulars of the missing child
Master Adhitya Chandran on National Crime
Record Bureau with a request to send
information to all the state and Union Territory
and forward the information if any obtained in
this regard to the Commission of Police,
Bangalore.
12) It is further submitted that the Police officials
attached to Rajajinagar Police Station sent look out
notices to Bangalore International Airport Authorities,
Railway Station and KSRTC Bus Stand to keep a
look out for the missing child. ……”
13. From the narration of aforesaid facts, it is abundantly
clear that despite efforts made by police officers and officials of
different States such as Senior Superintendent of Police, Agra ,
Senior Superintendent of Police, U.T. of Chandigarh , Director
General of Police, Tamilnadu, Director General of Police, Karnataka
and Commissioner of Police, Bangalore City , the minor child Adithya
and respondent no. 6 could not be traced and their whereabouts
could not be found. It is almost two years since the notice was issued
by this Court but the child could not be produced. Respondent no. 6
is said to be mentally unstable and running round with the child from
one State to another. In the peculiar and extraordinary circumstances
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such as the present one, we are of the view that Central Investigating
Agency i.e., Central Bureau of Investigation may be assigned the task
of tracing minor Adithya Chandran and his production before this
Court. This has become all the more necessary for the protection of
health and safety of minor and because the police authorities of
various States are clueless about the whereabouts of respondent
no. 6 who has been moving with the child from one State to another.
14. We, accordingly, direct the registry of this Court to write a
letter to the Director, Central Bureau of Investigation requesting him
to trace minor Adithya Chandran. For the said purpose, he and the
officer nominated by him will enjoy all the powers of Police Officer
carrying out search and issue non-bailable warrants, if necessary,
and pick up minor Adithya Chandran wherever he is found without
interference from any one and to produce him before this Court with
his report.
15. Let the matter come up before the Court after six weeks
or earlier if the minor child Adithya Chandran is traced by the Central
Bureau of Investigation and produced before this Court.
……………………J
(Tarun Chatterjee)
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…….……………..J
(R. M. Lodha)
New Delhi
August 28, 2009.
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