Supreme Court - Daily Orders
Bachpan Bachao Andolan vs Union Of India And Ors. on 25 November, 2014
Bench: Chief Justice, Madan B. Lokur, A.K. Sikri
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ITEM NO.13 COURT NO.1 SECTION PIL
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION(C) NO. 75 of 2012
BACHPAN BACHAO ANDOLAN Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(With appln. for exemption from filing O.T. and exemption from
personal appearance and permission to file additional documents
and office report)
WITH
W.P. (C) NO. 906 of 2014
(With office report)
Date :25/11/2014 These petitions were called on
for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE A.K. SIKRI
For Petitioner(s) Mr. H.S. Phoolka, Sr. Adv.
Mr.Jagjit Singh Chhabra, Adv.
Mr. Anand Kumar, Adv.
Mr. Sunny Verma, adv.
Mr. Virender Verma, Adv.
Mr. Amarjit Singh Bedi,Adv.
For Respondent(s)
For Jharkhand Mr. Anil K. Jha, Adv.
For Arunachal Mr. Anil Shrivastav, Adv.
Pradesh Mr. Rituraj Biswas, Adv.
For H.P. Mr. Suryanarayana Singh, AAG
Ms. Pragati Neekhra, Adv.
For U.P.
Signature Not Verified
Mr. Gaurav Bhatia, AAG
Digitally signed by
Ms. Pragati Neekhra, Adv.
Charanjeet Kaur
Date: 2014.11.26
17:11:14 IST
Mr. Utkarsh Sharma, Adv.
Reason:
For Manipur Mr. Sapam Biswajit Meitei, Adv.
Mr. Z.H. Isaac Haiding, Adv.
Mr.Ashok Kumar Singh, Adv.
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Mr. Avijit Bhattarcharjee, Adv.
Tamil Nadu Mr. B. Balaji, Adv.
Mr. R Rakesh Sharma, Adv.
Ms. R Shase, Adv.
Mr. V Paramveer, Adv.
For Nagaland Ms. K Enatoli Sema, Adv.
Mr. Amit Kuamr Singh, Adv.
Mr. Balaji Srinivasan, Adv.
Mr. Maninder Singh, ASG
Ms. Pinky Anand, ASG
Mr. R.K. Rathore, Adv.
Ms. Rashmi Malhotra, Adv.
Ms. Asha G Nair, Adv.
Mr. Ritesh Kumar, Adv.
Mr. M. Khairati, Adv.
Mr. S.S. Rawat, Adv.
Ms. Sunita Sharma, Adv.
Mr. D.S. Mahra, Adv.
Ms. Gunwant Dara, Adv.
Mr. S.N. Terdal, Adv.
Ms. Sukhbeer Kaur Bajwa, Adv.
Ms. Prakriti Purima, Adv.
Mr. B.V. Balram Das, Adv.
Ms. Anil Katiyar, Adv.
Mr.B. Krishna Prasad, Adv.
Mr. Dharmendra Kumar Sinha, Adv.
Mr. D. Mahesh Babu, Adv.
Mr. G.N. Reddy, Adv.
For Bihar Mr.Ranjit Kuamr, S.G.
Mr. Gopal Singh, Adv.
Mr. Manish Kuamr, Adv.
Mr. Chandan Kuamr, Adv.
For Tripura Mr. Gopal Singh, Adv.
Mr. Rituraj Biswas, Adv.
For Rajasthan Mr. S.S. Shamshery, Adv.
Mr. Amit Sharma, Adv.
Mr. Sandeep Singh, Adv.
Ms. Ruchi Kohli, Adv.
Mr.Irshad Ahmad, Adv.(NP)
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For Punjab Mr. Ajay Bansal, AAG
Mr. Kuldip Singh, Adv.
Mr. Gaurav Yadav, Adv.
Mr. Ramesh Babu M.R., Adv.
Mr.Ranjan Mukherjee, Adv.
Mr. S.C.Ghosh, Adv.
For Odisha Mr. Shibashish Misra, Adv.
Mr. Sibo Sankar Mishra, Adv.
For Mizoram Mr. K.N. Madhusoodhanan, Adv.
Mr. T.G. Narayanan Nair, Adv.
Puducherry Mr. V.G. Pragasam, Adv.
Mr. S.J. Aristotle, Adv.
Mr. Prabhu Ramasubramanian, Adv.
Karnataka Mr. Basava Prabhu S. Patil, Sr. Adv.
Mr. V.N. Raghupathy, Adv.
NALSA Ms. Anita Shenoy, Adv.
For Kerala Ms. Liz Mathew, Adv.
For Telengana Mr. S. Udaya Kuamr Sagar, Adv.
For Andaman & Mr. Balasubramanian, Adv.
Nicobar Mr. K.V. Jagdishwaran, Adv.
Ms. G Indira, Adv.
Mr. Mishra Saurabh, Adv.
Ms. Vanshaja Shukla, Adv.
Mr. Ankit Kr.Lal, Adv.
For Sikkim Mr. A. Mariarputham, ADv. Gen.
Ms. Aruna Mathur, Adv.
Mr.Yusuf Khan, Adv.
for M/s Arputham Aruna & Co., Advs.
Mr. Gaurav Bhatia, AAG
Ms. Pragati Neekhra, Adv.
Mr. Utkarsh Sharma, Adv.
Mr. Ashutosh Kr. Sharma, Adv.
Mr. Ravi P. Mehrotra, Adv.
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For Maharashtra Ms. Asha G Nair, Adv.
Mr. A.P. Mayee, Adv.
For Chhattisgarh Mr. C.D. Singh, Adv.
Mr. Pavanshree Agarwal, Adv.
For M.P. Mr.C.D. Singh, Adv.
For A.P. Mr. Guntur Prabhakar, Adv.
Ms. Prerna Singh, Adv.
For Assam Mr. Navnit Kumar, Adv.
for M/s Corporate Law Group, Advs.
For Puducherry Mr. V.G. Pragasam, Adv.
For Uttarakhand Ms. Rachana Srivastava, Adv.
For Goa Mr. Pratap Venugopal, Adv.
Ms. Supriya Jain, Adv.
Mr. Gaurav nair, Adv.
for K.J. John & co., Advs
For West Bengal Mr. Anip Sachthey, Adv.
Mr. Mohit Paul, Adv.
For Telangana Mr. P. Venkat Reddy, Adv.
for M/s Venkat Palwai Associates, Advs.
NHRC Ms. Shobha, Adv.
Ms. Jyoti Rana, Adv.
Ms. Rosy, Aadv.
Mr. Akanksha Kaushik, Adv.
Ms. Hemantika Wahi, Adv.
Ms. Jesal Wahi, Adv.
Ms. Puja Singh, Adv.
Mr. Ranjan Mukherjee, Adv.
Mr. G.M. Kawoosa, Adv.
Mr. Ashok Mathur, Adv.
Haryana Mr. Manjit Singh, AAG
Ms. Vivekta Singh, Adv.
Mr. Kamal Mohan Gupta, Adv.
Chandigarh Ms. Udita Singh, Adv.
Mr. Chandra Prakash, Adv.
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UPON hearing the counsel the Court made the following
O R D E R
IN RE: STATE OF KARNATAKA Pursuant to the directions issued by this Court on 16.10.2014, Shri Kanshik Mukherjee, Chief Secretary, Karnataka, is present before us.
In the affidavit filed by the Chief Secretary, Karnataka, dated 17.11.2014, they have annexed “Annexure R-1”, indicating the number of ‘Child Missing Cases’ registered and traced out for the years from January, 2013 to December, 2013 and from January, 2014 to October, 2014.
Insofar as the period from January, 2013 to December, 2013 is concerned, they have stated that the number of ‘Child Missing Cases’ were 3651 and they could trace out only 3197. That would mean that more than 450 children are still missing.
Insofar as the period from January, 2014 6 to October, 2014 is concerned, they have stated that number of missing children were 2523 and number of traced children are 1741. This shows that, another, more than 700 children are still missing.
Shri Basava Prabhu S. Patil, learned senior counsel would submit that the Chief Secretary and other officers will make all efforts to trace out the missing children for the years 2013 and 2014 in six weeks' time and file an appropriate affidavit before this Court. The assurance made before us is placed on record.
The presence of the Chief Secretary of the State of Karnataka is dispensed with until further orders.
List the matter on 13.01.2015. IN RE: STATE OF TRIPURA Pursuant to this Court’s order, dated 16.10.2014, Shri Kameswara Rao, Chief Secretary, Tripura is present before us. 7
We have looked into the counter affidavit filed by the Resident Commissioner, Tripura, dated 18.11.2014.
Shri Phoolka, learned senior counsel appearing for the petitioner brings to our notice the information furnished by the State of Tripura to Rajya Sabha through the Ministry of Home Affairs. In the said information, it is stated that for the year 2013 there are about 486 missing children and for the year 2014, the same is about 187. However, in the counter affidavit filed before this Court, it is stated that there are only about 76 missing children in the period from May, 2013 to October, 2014 and the number of children that have been traced is about 50.
Having gone through the given information as well as the counter affidavit, we are of the opinion that there is a huge variation between figures furnished to the 8 Rajya Sabha and the figures furnished before this Court. This variation requires to be properly explained by the Chief Secretary, who is present before us. We grant another one day's time from today to facilitate the Chief Secretary to file an appropriate affidavit before this Court.
List the matter tomorrow, that is, on 26.11.2014, regarding the matter pertaining to the State of Tripura.
The Chief Secretary, Tripura, shall remain present before this Court on 26.11.2014 as well.
IN RE: STATE OF ODHISHA In the affidavit filed by the State of Odisha, dated 10.11.2014, they have furnished the following figures regarding missing children and the number of children traced/rescued. The same reads as under: 9
Year No. of missing No. of
children children
traced/rescued
2011 2170 378
2012 3511 1331
2013 2747 2059
A bare perusal of the same would clearly demonstrate that the State is doing nothing to trace out the missing children. We say so for the reason that in the year 2011, the number of missing children was 2170, but the State could trace out only 378 children. This, in our opinion, is a dismal performance of the State Government.
Therefore, we direct that an appropriate affidavit by the Chief Secretary and the Director General of Police, Odisha, indicating the possible steps that they would be taking to trace out the missing children for the years 2011, 2012, 2013 and 2014, be filed before this Court on or before 10 13.01.2015.
The Chief Secretary and the Director General of Police, Odhisha shall remain present before us on 13.01.2015. IN RE : STATE OF PUNJAB Learned counsel for the State of Punjab is directed to file an appropriate affidavit, as of today, inter alia, indicating the number of complaints received regarding missing children and the number of children having been traced by them.
Call the matter on 13.01.2015. [ Charanjeet Kaur ] [ Vinod Kulvi ] Court Master Asstt. Registrar