Rubina Shaikh had approached the court by filing a petition of habeas corpus, seeking directions to the authorities to produce the children before court. In the petition, she claimed that without any proper order from the child welfare committee or any authority, the children were forcibly removed from her custody.
Rubina and Rafique Shaikh, residents of Nagpada, can heave a sigh of relief. The Bombay high court has for the time being handed over to them the custody of two minor children, who were in March sent to a children's remand home, on a dispute arising between the Shaikhs and a woman claiming to be their biological mother.
The Shaikhs have been guardians of these children for 11 years after finding them abandoned in a garbage bin.A division bench justices Ajey Gadkari and C V Bhadang, while passing the interim order, rapped the police for not following due procedures and acting arbitrarily on the statement of the woman. It said, "The present writ petition discloses a sorry state of affairs at the hands of the enforcers of law."
Rubina Shaikh had approached the court by filing a petition of habeas corpus, seeking directions to the authorities to produce the children before court. In the petition, she claimed that without any proper order from the child welfare committee or any authority, the children were forcibly removed from her custody.
Advocate Mateen Shaikh, appearing for Rubina, said, "The police has committed a mistake by sending the minor girls to remand home. It will affect the two girls as they have never resided separately from their family."
He added, "The two children, 13 and 12, are unable to adjust with other inmates and regularly cry for being released. Their health is also said to be deteriorating each day." Thus, the petition prayed for directions for release of the children and handing over their custody to Rubina.The court made inquiries with the police officers present about any order passed by the competent authority, either from the child welfare committee or any other competent authority having jurisdiction, remanding the girls. The police failed to point out any order. Considering the same, it directed immediate release of the children.
As per the petition, 11 years ago, the Shaikhs found two babies lying in a dustbin near Sonapur Compound, Shukhlaji Street. As there was nobody to take care of them at the time, they took them home. Over the years Rubina brought up the girls with affection and love, nourishing, clothing, educating and sheltering them.
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