Supreme Court - Daily Orders
Sampurna Behrua vs Union Of India on 8 November, 2019
Bench: N.V. Ramana, V. Ramasubramanian
MA 2069/18 in WP© No.473/05 1
ITEM NO.33 COURT NO.3 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
MA 2069/2018 In W.P.(C)No.473/2005
SAMPURNA BEHRUA Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(NAME OF MS. APARNA BHAT, ADVOCATE(A.C)
IA No. 114431/2018 - EXEMPTION FROM FILING O.T.
IA No. 139266/2018 - INTERVENTION/IMPLEADMENT
IA No. 145677/2018 - PERMISSION TO APPEAR AND ARGUE IN PERSON)
WITH
W.P.(C) No.1506/2018 (PIL-W)
(FOR ADMISSION)
Date : 08-11-2019 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA
HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
Amicus Curiae(s) Ms. Aparna Bhat, AOR
Ms. Karishma Maria, Adv.
For Petitioner(s) Ms. Kriti Kumari, Adv.
Mr. Kamlesh Kr. Mishra, Adv.
Mr. Satya Mitra, AOR
Mr. Niraj Gupta, AOR
Ms. Anshu Gupta, Adv.
Mr. Gaurav Kumar, Adv.
For Respondent(s) Mr. K.M.Natraj, ASG
Mr. Ajit Kr. Sinha, Sr.Adv.
Mr. R.R.Rajesh, Adv.
Mr. Vikash Bansal, Adv.
Mr. Shailendra Saini, Adv.
Ms. Seema Bengani, Adv.
Mr. B.V. Balram Das, Adv.
Signature Not Verified
Mr. Gurmeet Singh Makker, AOR
Digitally signed by
SATISH KUMAR YADAV
Date: 2019.11.09
13:20:14 IST
Reason:
Mr. Gopal Singh, Adv.
Mr. Manish Kumar, Adv.
Mr. Rajan Kumar Chourasia, Adv.
Mr. Arvind Kumar Sharma, Adv.
MA 2069/18 in WP© No.473/05 2
Mr. Binay Kumar Pandey, Adv.
Mr. Sudhir Naagar, AOR
Ms. Anindita Pujari, AOR
Mr. Om Narayan, Adv.
Mr. Soutik Banerjee, Adv.
Mr. Goutham Shivshankar, AOR
Ms. Garima Prashad, AOR
Mr. Abhinav Agrawal, Adv.
Mr. Mrinal Kanti Mondal, Adv.
Ms. G.Indira, Adv.
Mr. Rajat Joseph, AOR
Applicant-in-person, AOR
Mr. G.N.Reddy, Adv.
Ms. Sujatha Bagadhi, Adv.
Mr. T. Vijaya Bhaskar Reddy, Adv.
Mr. Siddhesh Kotwar, Adv.
Ms. Bansuri Swaraj, Adv.
Ms. Arshiya Ghose, Adv.
Mr. Divyash Tiwari, Adv.
Ms. Ana Upadhayay, Adv.
Ms. Astha Sharma, Adv.
Mr. Karan Bharihoke, Adv.
Mr. Siddhant Sharma, Adv.
Ms. Navkiran Balay, Adv.
Ms. Akankshya, Adv.
Mr. Suhaan Mukerji, Adv.
Ms. Astha Sharma, Adv.
Mr. Amit Verma, Adv.
Mr. Abhishek Manchanda, Adv.
Ms. Kajal Dalal, Adv.
Mr. Prastut Dalvi, Adv.
Mr. Naveen Kumar, Adv.
Mr. Arun R.Pedneker, Adv.
For Ms. Mukti Chowdhary, Adv.
Dr.Monika Gusain, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard learned counsel for the parties and perused the MA 2069/18 in WP© No.473/05 3 record.
The Status Report, pursuant to order dated 12.09.2019 passed by this Court, prepared by Koshish (TISS) on the Home Verification and Assessment visits of children transferred from Muzaffarpur Balika Grih has been placed today in the Court. The Report contains, in detail, the steps taken by Koshish (TISS) for restoration of girls to their families, which need not be reiterated in the instant order.
It has been brought to our notice by the learned counsel appearing on behalf of Koshish (TISS) that pursuant to our earlier directions, out of 8 girls, who were directed to be restored to their families, 2 girls were not restored to their families because their family members were unable to reach on account of their family problems, and now they are willing to take the girls back to their homes. Learned counsel accordingly seeks permission of this Court to do the needful.
After considering the submission of the learned counsel, we permit Koshish (TISS) to take appropriate steps to restore these two girls to their families.
In addition to the above, it has also been brought to our notice by the learned counsel appearing on behalf of Koshish (TISS) that another 7 girls are found fit for restoration to their families. Learned counsel accordingly seeks permission to restore these 7 girls also to their families.
Taking into consideration the submission of the learned counsel appearing on behalf of Koshish (TISS) as also the fact that there is no objection over the same from any side, we allow Koshish MA 2069/18 in WP© No.473/05 4 (TISS) to do the needful in respect of above-mentioned 7 girls.
Learned counsel further submits that the cases of 12 girls are yet to be considered and they shall be restored to their families as and when they are found fit for restoration. Learned counsel prays that necessary permission be granted in this regard.
Keeping in view the fact that there is no allegation against Koshish (TISS), and this organization is doing commendable work, we see no reason to deny the request made by the learned counsel. However, they must file an affidavit/report before this Court after such work is completed.
We have also been apprised that the girls other than those who are restored, are from different States like West Bengal, Jharkhand, Assam, Uttarakhand and Punjab. It is accordingly prayed by the learned counsel appearing on behalf of Koshish (TISS) that the respective State Child Protection Society (SCPS) should be directed to implement the Individual Care Plan and follow up reports should be shared by the respective SCPS with the SCPS of the State of Bihar. We order accordingly.
For further consideration, list the matter in January, 2020.
(SATISH KUMAR YADAV) (RAJ RANI NEGI)
AR-CUM-PS ASSISTANT REGISTRAR