THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR WRIT PETITION No.8022 of 2010 Date: 12.04.2010 Between: Jai Prakash Charria and another. … Petitioners and The Director General of Police, Government of Andhra Pradesh, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR WRIT PETITION No.8022 of 2010 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader, representing the learned Advocate General, appearing for respondent Nos.1 to 6. 2. This Writ of Habeas Corpus is filed by the petitioners directing the respondents herein to produce their sons, viz., (1) Ashutosh, s/o. Jai Prakash Charria; and (2) Naresh Kumar Chowdary, s/o. Dhanraj Chowdary, before this Court and handover them to the petitioners and consequently direct the respondent police to take action against 7th respondent institution. 3. It appears that Master Ashutosh and Master Naresh Kumar Chowdary, who are the sons of the petitioners herein, were allegedly found missing from their respective houses. The alleged detenus were studying 10th Class and Senior Intermediate, respectively, in 7th respondent institution, namely Shree Swami Narayan Gurukul International School and Junior and B.Ed. College, Chevella Road, Moinabad Mandal, Ranga Reddy District. It is the allegation of the petitioners that in the first week of April, 2010 the petitioners have brought the children to their respective homes. Though the children of the petitioners initially refused to accompany the petitioners to their respective houses, the petitioners convinced and bought them to their homes. After the children were taken to their respective homes, they left the homes without informing to the petitioners or any of their family members. During the search of the children, the petitioners allegedly came to know about the instigation of the 7th respondent institution in brain washing the children to become Sanyasis and when the children of the petitioners were not traced, the 1st petitioner lodged a complaint before the 6th respondent and consequently a case in Crime No.217 of 2010 was registered on 7.4.2010 under the head ‘Boy Missing’ and similarly Crime No.300 of 2010 under the head ‘Boy Missing’ was registered by the 5th respondent police so far as missing of the son of the 2nd petitioner is concerned. Inspite of the complaints being lodged before the police concerned, since the alleged detenus could not be traced, the petitioners have filed the present writ petition seeking production of their children before this Court. 4. When the matter came up for consideration, this Court directed the Moinabad Police to produce the children before this Court and as a result both the children, who were allegedly found missing, were traced and produced before this Court today. 5. Upon being questioned in the open Court, both the children in unequivocal terms stated that on their own they got inspired and became spiritual and they want to carve out their life in spiritual path and in that pursuit even though they went to their respective homes along with their parents initially, they left for Haridwar without informing their parents, who are the petitioners herein. Thereafter they informed their parents about their stay at Delhi in order to pick them up and accordingly they were brought back to their respective houses and are present before this Court. 6. From the above facts, which are revealed by the alleged missing boys and also as admitted by the parents themselves, the cumulative effect is that both the boys have completed their courses of senior intermediate as well as 10th Class, respectively, in 7th respondent institution and they were sent out along with their parents notwithstanding their resistance to go along with them. The moment they were sent out along with their respective parents the link between the allegedly missing boys and the 7th respondent institution got snapped and the 7th respondent is no way held responsible for missing of the children. 7. The only caustic remark that is made by the petitioners in the affidavit filed in support of the writ petition is that the 7th respondent institution and its staff have been instigating and inducing the students to take a spiritual path and as a result the missing children on their own have chosen to leave their respective homes and become sanyasis. In other words, it is their specific contention that the students of the 7th respondent institution are being brain washed to become sanyasis. 8. From the above, we are of the considered view that the parents are expected to know the kind of knowledge in addition to the academic education that is being imparted to the children. It is no surprise that in certain educational institutions imparting of spiritual knowledge is also a part of their curriculum. But, the same, in normal course, is not the main subject of concentration. The entire concentration, in other words, would be on the academic excellence. If the children, for any reason, get inspired by any such spiritual learning also, the said institution cannot be faulted with. 9. The presumption is that the parents are admitting their children in such institutions knowing fully well about the kind of education that is being imparted in those institutions. Having admitted their children in such institutions, after considerable period, they cannot make any complaint that the children are being induced to take spiritual way of life and becoming sanyasis. We do not like to make any further comments about the functioning of such institutions or the choice of the parents or the perception of the children at that tender age. 10. Much responsibility depends not only on the teachers, but also on the parents in shaping the career and mind-set of the children. It is not proper for the petitioners to simply blame the 7th respondent Institution. If really there is any full fledged activity of imparting only the religious knowledge totally ignoring the academic knowledge, there may be something for the petitioners to complain against such activities to the authorities concerned, but not before this Court. There are various other methods to ventilate their grievance against such institutions or individuals, because of whose direct inducement or encouragement, the children have been choosing the spiritual path. It appears that a complaint had already been lodged by the petitioners against the 7th respondent institution to the police concerned, if not, the petitioners can make a fresh complaint to the police concerned in the direction as indicated above, particularly in the facts and circumstances of the case, and upon such complaint being received, the police shall investigate into the matter in accordance with law. 11. But, in the present set of facts, filing of the present Writ of habeas corpus, in our opinion, is absolutely nothing but abuse of the process of law and wasting the precious time of not only the Government officials, but also this Court. 12. In the result, the writ petition is dismissed, at the stage of admission. There shall be no order as to costs. ________________________ JUSTICE D.S.R.VARMA _______________________________ JUSTICE B.CHANDRA KUMAR 12.04.2010. Msr THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR WRIT PETITION No.8022 of 2010 12.04.2010 (Msr)