007-NLR-NLR-V-56-IN-RE-NOOR-JEHAN.pdf
• PUL.LE J.—In re Hoar Jehan
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1954Present: Pulle J.
In be NOOR JEHAN
S. C. 519—In Revision M. C. Colombo 1,211 jB
Habeas corpus—Power oj Court to remandagirl to the Salvation Army Home—CourtsOrdinance (Cap. 6), s. 45.
A Court has no jurisdiction to remand a girl to the Salvation Army Homoduring the pendency of a case of kidnapping her.
Vaithalingam v. Onanapathipillai (1944) 46 N. L. R. 235, followed,a
Application to revise an order of the Magistrate’s Court, Colombo.
M.Alarkhani, for the petitioner.
April 23, 1954. Pulee J.—
In this case two persons were charged with the offence of having ortthe 11th March, 1954, kidnapped a girl named Noor Jehan alias NagoorUmma who was bom on 26th August, 1938. -The learned Magistrateassumed jurisdiction under section 152 (3) of the Criminal ProcedureCode and fixed the trial for the 3rd May, 1954. The girl who was producedin Court refused to go with her mother and she was remanded to theSalvation Army Home. The mother moved in revision to have theorder of remand set aside on the ground that the Magistrate had no-
2*J. N. B .I8U59 (10/54)-.
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In re South Western Bus Co., Ltd.
jurisdiction to make it. At the time this application first came beforeme I felt that if the Magistrate had no jurisdiction I should make a furtherorder granting the custody of the girl .to the mother. Treating theapplication as one that should be inquired into under seotion 46 of theCourts Ordinance I called for a report from the Magistrate who statedthat the girl was unwilling to go with the mother and that, therefore,she should not be handed over to her.
Mr. Markham for the petitioner has drawn my attention to the case ofVaithalingam v. OnanapathipiUai 1 in which Soertsz J. held in similarcircumstances that a remand to the Salvation Army Home was illegal.I would, therefore, set aside the order of remand and direct that the girlbe handed over to the mother who is entitled to have the custody.
Application allowed.