Bombay High Court
High Court On Its Own Motion vs The State Of Maharashtra on 20 October, 2020
Author: G.S.Kulkarni
Bench: G.S.Kulkarni
8-cri pil st 5-19@civil sm pil 2-16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION (ST.) No.5 OF 2019
Shri Dnyaneshwar Bajirao Darwatkar ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
AND
CIVIL APPELLATE JURISDICTION
SUO-MOTO PUBLIC INTEREST LITIGATION No.2 OF 2016
High Court on its Motion ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
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Mr.Shekhar Jagtap with Ms.Sairuchita Choudhary and Mr.Ninad
Naik i/b. Shekhar & Co. for Petitioner.
Mr.Deepak Thakare, PP and Ms.P.P. Shinde, APP for State in PIL
(St.) No.5/19.
Mr.P.P. Kakade, GP with Mr.Manish Pable, AGP and
Ms.Sonawane, AAGP for State in SM PIL No.2/16.
.....
CORAM : DIPANKAR DATTA CJ &
G.S.KULKARNI, J.
DATED : OCTOBER 20, 2020. P.C. :
1. By presenting this writ petition in public interest, the petitioner seeks orders on the respondents to take appropriate measures for implementing the provisions of the Maharashtra Prevention of Begging Act, 1959 (hereafter "the Prajakta Vartak 1/5 8-cri pil st 5-19@civil sm pil 2-16.odt 1959 Act", for short), to ensure prevention of child trafficking and begging in the city of Pune as well as to ensure protection and rehabilitation of beggars, especially children and women, from the menace of crime.
2. One of the previous orders passed on this PIL petition records that the issue raised by the petitioner is important and that the learned Advocate General may appear on behalf of the State. Today, the learned Advocate General is not present, but the State is represented by Mr.Thakare, learned Public Prpsecutor as well as Mr.Kakade, learned Government Pleader.
3. We have read the affidavits filed by the Divisional Deputy Commissioner, Women and Child Development, Konkan Division, as well as the Deputy Commissioner of Police, Crime Branch, Pune. To our mind, the affidavits are cryptic and do not reflect in fair measure the steps taken by the State to implement the provisions of the 1959 Act as well as the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereafter "the 2105 Act", for short) in letter and spirit Prajakta Vartak 2/5 8-cri pil st 5-19@civil sm pil 2-16.odt qua juveniles who are in conflict with the law and would require care and protection. In course of hearing, Mr.Jagtap, learned Advocate for the petitioner, has drawn our notice to an order dated March 15, 2016 passed by a coordinate Bench of this Court of which one of us (G.S. Kulkarni, J.) was a member. Upon consideration of a letter dated August 19, 2015 addressed by a retired Judge of this Court, a suo motu Public Interest Litigation bearing No.150 of 2015 had been registered. After referring to the facts relevant for the purpose of adjudication, the Court observed that the State would have to come out with a comprehensive scheme so that full effect is given to the provisions of Article 21A of the Constitution of India, the Rights of Children to Free and Compulsory Education Act, 2009 and the 2015 Act. We have also been informed that PIL No.150 of 2015 does not survive at the moment in view of an order of its disposal.
4. We consider it necessary to look into the records of PIL No.150 of 2015 and all orders passed therein. Having regard to the fact that the coordinate Bench in course of making its order dated March 15, 2016 had taken into Prajakta Vartak 3/5 8-cri pil st 5-19@civil sm pil 2-16.odt consideration a report of the Tata Institute of Social Sciences (TISS), we require the petitioner to put TISS on notice for the purpose of the Court's assistance to address the concern raised herein. The Director, TISS shall depute a competent officer to remain present in the Court, as and when required, to assist the Court.
5. Hearing of this PIL petition stands adjourned to December 1, 2020. The State is directed to file a further affidavit bearing in mind the observations made in the order dated March 15, 2016 by November 23, 2020 with a copy to Mr.Jagtap. The petitioner shall be at liberty to file rejoinder affidavit dealing with the contents of the two affidavits which have already been filed as well as the affidavit that the State shall file in terms of this order by November 27, 2020.
6. Office is directed to cause production of the records of PIL No.150 of 2015 including all orders passed therein.
7. Appreciating the present ground realities of children being pushed into begging because of adverse social and Prajakta Vartak 4/5 8-cri pil st 5-19@civil sm pil 2-16.odt economic conditions not only in the city of Pune, but also in the other metropolitan cities in the State of Maharashtra, we are of the considered view that the concern voiced by the petitioner being important and serious, the scope of this PIL petition ought to be expanded to the extent mentioned above. It is ordered accordingly.
8. The petitioner is directed to put the Pune Municipal Corporation on notice once again. We desire representation from the side of the Corporation on the next date to enable us ascertain from it as to whether there is any proposal to include shelters for children, who are found to be begging, in the development plan for Pune.
9. This order will be digitally signed by the Personal Assistant of this Court. All concerned will act on production by fax or e-mail of a digitally signed copy of this order.
G.S.KULKARNI, J. CHIEF JUSTICE
Digitally
signed by
Prajakta Prajakta S.
Vartak
S. Date:
Vartak 2020.10.21
16:01:22
+0530
Prajakta Vartak 5/5