The Supreme Court has responded to a habeas corpus petition filed by the mother of Atul Subhash, a Bengaluru-based techie who tragically died by suicide earlier this month. The court has issued notices to the governments of Uttar Pradesh, Haryana, and Karnataka regarding the custody of Atul's four-and-a-half-year-old son.
Anju Modi has submitted a habeas corpus petition seeking the custody of her grandson, whose location is currently unknown. The petition asserts that neither Subhash's estranged wife, Nikita Singhania, nor her family members—who are now in custody—have revealed the child's whereabouts.
Nikita allegedly informed the police that the boy was enrolled in a boarding school in Faridabad and was in the care of her uncle, Sushil Singhania. However, Sushil claimed he had no knowledge of the child's location.
A bench consisting of Justice BV Nagarathna and Justice N Kotiswar Singh has issued notices to the governments of Uttar Pradesh, Haryana, and Karnataka for clarification on the matter, with the next hearing set for January 7.
This case has also involved several arrests linked to Subhash's suicide. On December 16, Nikita Singhania, along with her mother Nisha and brother Anurag, was arrested. The Karnataka Police, referencing evidence from Subhash's suicide note and video, have charged them with abetment of suicide, and they are currently in judicial custody.
Anju Modi has filed a petition claiming that the Singhania family is blocking efforts to find a missing child. Meanwhile, Pawan Kumar, the father of a man named Subhash, is publicly requesting custody of the child.
Bail for the wife?
In response, the Singhania family is defending themselves in the Allahabad High Court. Their lawyer, Manish Tiwary, has argued for anticipatory bail for Sushil Singhania, Nikita's uncle, highlighting his age (69) and health issues. Tiwary claims that the accusations against Sushil are exaggerated and constitute harassment. The court, led by Justice Ashutosh Srivastava, granted Sushil pre-arrest bail with strict conditions: he must provide a personal bond of ₹ 50,000, be available for police questioning, and surrender his passport.
Who was Atul Subhash?
Atul, employed by a private firm in Bengaluru, took his own life after alleging harassment from his wife and her family. He left behind a 24-page suicide note detailing his emotional turmoil stemming from marital issues and multiple legal cases initiated against him by his wife.
Following public outrage over the incident, Nikita Singhania was arrested in Gurgaon, Haryana, while her mother and brother were apprehended in Allahabad, Uttar Pradesh. Bengaluru police made the arrests based on a complaint of abetment of suicide filed by Atul's brother.
In her plea, Atul's mother emphasized the need for the Supreme Court's involvement due to the complexities arising from the involvement of three different states, seeking to ensure justice and the safe custody of her grandson.