"It is really unfortunate that the petitioners (women) had to come to Delhi all the way from Rajasthan for the purpose of arranging food for self and their family members, particularly children...
"They all were having small children in their laps and expressed their sincere desire to go back to their native villages immediately," Justice ML Mehta said.
The court's decision came after the women, serving one-year detention at welfare home 'Nirmal Chaya' and their family members said that they would go back to Bhilwara and not come back to the national capital for begging.
Justice Mehta did not concur with the finding of a lower court that they were professional beggars and took note of the plea of the women that they were forced into it "due to the necessity of food for their children."
"In such circumstances, I feel that instead of making their children further suffer, they can be released on their executing bonds of good behaviour without sureties on their undertaking not to involve in begging or to be seen begging in Delhi," the court said.
Earlier, a mobile court had considered the confessions of the women that they were begging at Lajpat Nagar and sent them to the welfare home for serving one-year detention under a provision of the Bombay Prevention of Begging Act.
A sessions court too had upheld the magistrate's order.
The high court, however, decided to release them and asked the lower court to ensure that they are released and deported to their native place.
