Punjab-Haryana High Court
Sulakhan Masih And Anr vs State Of Punjab And Others on 3 August, 2023
Author: Anupinder Singh Grewal
Bench: Anupinder Singh Grewal
2023:PHHC:099539 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 105 CRWP-7609-2023 Date of decision : 03.08.2023 Sulakhan Masih and another ... Petitioners Versus State of Punjab and others .. Respondents CORAM :HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL Present:- Mr. Jaswinder Singh Rana, Advocate for the petitioners. Mr. Luvinder Sofat, DAG, Punjab. 3K OK 3k Anupinder Singh Grewal, J. (Oral)
The petitioners are seeking a direction to the official respondents to protect their life and liberty as they apprehend danger from private respondents.
2. Petitioner No.1 is stated to be of 22 years while petitioner No.2 is 17 years old. The petitioners are stated to have sent a representation dated 31.07.2023 (Annexure P-3) to the Senior Superintendent of Police, Gurdaspur- respondent No.2.
3. Issue notice to respondents No.1 to 4 only at this stage. At the asking of the Court, Mr. Luvinder Sofat, DAG, Punjab, accepts notice on behalf of respondents No.1 to 4.
4. Heard. The Coordinate Bench of this Court, while examining the issue of protection to the minors in the case of P...... Minor Through Vikram v. State of Haryana and another (CRWP-2139-2022 (O&M), decided on 28.03.2022) and other connected matters, i.e. CRWP-2140- 2022 (O&M) and SONIA GUGNANI 2023.08.03 16:22 | attest to the accuracy and integrity of this document Chandigarh 2023:PHHC:099539 CRWP-7609-2023 -2- CRWP-2250-2022 (O&M), had disposed of the matter by issuing directions to the Senior Superintendent of Police to depute a Child Welfare Police Officer to produce the minor before the Child Welfare Committee constituted under the Juvenile Justice Act within a period of 01 week and other directions were issued which read as under:-
"26. In view of the above, the petitions are partly allowed with directions as under:-
1. The minor in all these cases happen to fall within the definition of child in need of care and protection as provided under section 2(14)(vii)(xii) of Juvenile Justice (Care and Protection of Children) Act, 2015.
The Senior Superintendent of Police/Superintendent of Police of the respective districts shall depute a Child Welfare Police Officer to produce the minor/child before the Committee constituted under the Juvenile Justice (Care and Protection of Children) Act 2015.
II. The respective Committee shall conduct enquiry contemplated under Section 36 of the Juvenile Justice (Care and Protection of Children) Act 2015 and pass an appropriate order under section 37 of the said Act, by associating all the stakeholder, and to ensure that the objects of the Juvenile Justice (Care and Protection of Children) Act 2015 are well served. Ill. The Child Welfare Committee shall take appropriate decisions with respect to the boarding and lodging of the minor and also to conduct enquiry on all issues relating to and affecting safety and well-being of the child/minor.
IV. During the pendency of such adjudication and passing of orders as contemplated under Section 37 of the Juvenile Justice (Care and Protection of Children) Act 2015, the committee shall also take appropriate interim/decisions as regards placement of a child/custody of the child in need of care and protection.
V. The concerned SSPs/SPs_ shall also take appropriate steps as warranted by law against the threat perception to the minor as well as to their next friend, through whom the minors have approved this Court and to ensure that the respective petitioners are protected from any physical harm at the instance of the respondents in respective cases.
coun auennny VI. The petitioners are directed to appear in the office 2023.08.03 16:22 | attest to the accuracy and integrity of this document Chandigarh 2023:PHHC:099539 CRWP-7609-2023 -3- of SSP/SP of the respective Districts within a period of 03 days from today, failing which the concerned SSP/SP shall depute a Child Welfare Police Officer to produce the minor before the Child Welfare Committee within a period of 01 week thereafter.
VII. The Child Welfare Committee constituted under the Juvenile Justice (Care and Protection of Children) Act 2015, shall send a compliance report to this Court."
5. In view of the above, the petition is disposed of in the same terms as the judgment dated 28.03.2022, rendered in the case of P...... Minor Through Vikram versus State of Haryana and another (supra). The Senior Superintendent of Police, Gurdaspur (respondent No.2) is directed to depute a Child Welfare Police Officer to produce petitioner No.2 before the Committee constituted under the Juvenile Justice (Care and Protection of Children) Act, 2015, within a week. The other directions issued in the case of P...... Minor Through Vikram versus State of Haryana and another (supra) shall also be applicable and complied with by all concerned.
(ANUPINDER SINGH GREWAL) JUDGE August 03, 2023 sonia gugnani Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No SONIA GUGNANI 2023.08.03 16:22 | attest to the accuracy and integrity of this document Chandigarh