Tripura HC orders immediate release of minor allegedly kept in custody for nearly four months

The Tripura High Court has directed the immediate release of a minor girl who was allegedly kept away from her parents for nearly four months, following a habeas corpus petition filed by her father.

A Division Bench comprising Chief Justice M.S. Ramachandra Rao and Justice S. Datta Purakayastha passed the interim direction during a hearing on Wednesday, ordering the authorities to release the girl and hand her over to her parents.

According to advocate Purrosottam Roy Barman, who appeared for the minor’s father, the girl is from Gandacherra in Dhalai district and was allegedly taken from her home against the wishes of her parents before being placed under the custody of the Dhalai Child Welfare Committee.

The lawyer said the matter began on May 23, when several women allegedly assaulted the minor at her residence. Following the incident, her father lodged an FIR at Gandacherra Police Station.

Roy Barman alleged that in the first week of June, police took the girl from her home despite objections from her parents and subsequently handed her over to the Child Welfare Committee.

The father allegedly approached the Dhalai District Magistrate, Sub-Divisional Magistrate and the Child Welfare Committee on several occasions seeking the release of his daughter and restoration of her custody. The lawyer claimed that no effective response was received, prompting the father to approach the High Court through a habeas corpus petition.

During Wednesday’s hearing, the state was asked to respond to the allegations. According to the petitioner's counsel, the state was unable to establish a legal basis for keeping the minor away from her parents.

The lawyer further alleged that the girl had been kept at a home in Abhaynagar, Agartala, under the custody of the Child Welfare Committee and claimed that provisions and procedures under the Juvenile Justice Act had not been followed.

The High Court has directed the state government to file an affidavit addressing the allegations.

The Bench's order for the girl's release is an interim direction, while the broader questions raised in the habeas corpus petition—including the legality of the custody and the role of the officials concerned—will be examined in the subsequent proceedings.

The matter is scheduled to be heard again in the second week of November.