Supreme Court - Daily Orders
Sampurna Behrua vs Union Of India on 12 September, 2019
Bench: N.V. Ramana, Mohan M. Shantanagoudar, Ajay Rastogi
MA 2069/18 in WP(C)473/05 1
ITEM NO.4 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 WP(C)No(s).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 : 12-09-2019 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
HON'BLE MR. JUSTICE AJAY RASTOGI
Amicus Curiae(s) Ms.Aparna Bhat, Adv.
Ms.Shivangi Singh, Adv.
For Petitioner(s) Mr.H.S.Phoolka, Sr.Adv.
Mr.Niraj Gupta, Adv.
Ms.Shilpa Diwan, Adv.
Mr.Gaurav Kumar, Adv.
Mrs.Anshu Gupta, Adv.
Ms.Kirti Kumari, Adv.
Mr.Kamlesh Kumar Mishra, Adv.
Mr. Satya Mitra, AOR
For Respondent(s) Ms.Pinky Anand, ASG
Mr.Ajit Kr.Sinha, Sr.Adv.
Ms.Seema Bengani, Adv.
Mr.Shalinder Saini, Adv.
Signature Not Verified
Mr.Anas Zaid, Adv.
Mr.R.R.Rajesh, Adv.
Digitally signed by
SATISH KUMAR YADAV
Date: 2019.09.16
09:59:32 IST
Reason:
Mr.Vikas Bansal, Adv.
Mr.Raj Bahadur Yadav, Adv.
Mr.Gurmeet Singh Makker, AOR
Mr.B.V.Balaram Das, Adv.
MA 2069/18 in WP(C)473/05 2
For TISS Ms.Vrinda Grover, Adv.
Mr.Soutik Banerjee, Adv.
Mr.Goutham Shivshankar, Adv.
For C.B.I. Mr.Rajan Kumar Chourasia, Adv.
Mr.Arvind Kumar Sharma, Adv.
Mr.Sudhir Naagar, AOR
Mr.Vinay Kumar Pandey, Adv.
For State of U.P. Ms. Garima Prashad, AOR
Mr.Abhinav Agrawal, Adv.
For State of Mr.S.Udaya Kumar Sagar, Adv.
Telangana Ms.Swati Bhardwaj, Adv.
For State of A.P. Mr.G.N.Reddy, Adv.
Ms.Sujatha Bagadhi, Adv.
Mr.T.Vijaya Bhaskar Reddy, Adv.
For UT of Andaman Mr.K.V.Jagdishvaran, Adv.
& Nicobar Admn. Mrs.G.Indira, Adv.
For State of Mr.Leishangthem Roshmani Kh., Adv.
Manipur Ms.Maibam Babina, Adv.
Ms.Anupama Ngangom, Adv.
For State of U.P. Ms.Garima Prashad, Adv.
Mr.Abhinav Agrawal, Adv.
Mr. Rajat Joseph, AOR
For State of Mr. Gopal Singh, AOR
Bihar Mr.Manish Kumar, Adv.
For State of Mrs.K.Enatoli Sema, Adv.
Nagaland Mr.Amit Kumar Singh, Adv.
For State of Punjab Mr.Karan Bharihoke, Adv.
Ms.Navkiran Bolay, Adv.
Applicant-in-person
Mr.C.Solomon, Adv.
For Dr.Monika Gusain, Adv.
Mr.Suhaan Mukerji, Adv.
Ms.Astha Sharma, Adv.
Ms.Kajal Dalal, Adv.
Mr.Amit Verma, Adv.
Mr.Abhishek Manchanda, Adv.
Mr.Prastut Dalvi, Adv.
Mr.Naveen Kumar, Adv.
For PLR Chamber & Co., Adv.
MA 2069/18 in WP(C)473/05 3
Dr.Anindita Pujari, Adv.
Ms.Harsha Garg, Adv.
Mr.Om Narayan, Adv.
Mr.Akshat Chaitanya, Adv.
Mr.Sibo Sankar Mishra, Adv.
Mr.Niranjan Sahu, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard learned counsel for the parties at length and perused the Status Report prepared by Koshish(TISS) on the Social Rehabilitation of Children Transferred from Muzaffarpur Balika Grih as also the reply filed by the State of Bihar.
During the course of hearing, Ms. Vrinda Grover, learned counsel appearing on behalf of Koshish(TISS) has given a copy of the tabular representation of status of reintegration- rehabilitation, which is reproduced hereunder:
Tabular representation of status of reintegration-rehabilitation 1 2 3 4 5 6 7 Total Number Out of the 10 Number of Number of Children with Number of Number of Girls girls in Girls whose Girls who Special Needs Girls with of Girls in whose Column 2, families have have who have not whom 4 CCIs homes number of been traced and provided been able to preliminary have Girls for contacted, but information communicate communication been whom family visits are about details of has been made visited restoration is due families and home/family and further recommended tracing is and further information underway efforts are gathering is underway required 44 10 8 5 5 15 9 1 girl’s father Break-up: Break-up: Break up:
is in Kolkata and has a 2 in Bihar, 1 Hajipur, 5 are adults hearing and 1 Jharkhand, Bihar now, 4 are speech 1 West Bengal 1 West minors problem so has 1 Uttarakhand Bengal to be met in 1 Punjab person [Sr. No. 1 Assam 9 @ Pg 17 1 Jharkhand Status report] MA 2069/18 in WP(C)473/05 4 1 girl’s Mausi’s antecedents have to be verified [Sr. No. 6 @ Pg 16 Status report] Learned counsel submits that out of 44 girls, there are 8 girls whose homes/families have been verified and found fit for restoration by Koshish(TISS). Learned counsel for the State of Bihar submits that the State has no objection for such an action.
In these circumstances, we direct Mohd. Tariq, Director, Koshish(TISS) to send his request/recommendation along with Individual Case Plan to the State Child Protection Society of the Social Welfare Department, Government of Bihar for restoration of the above referred 8 girls. On such request/recommendation, the State Child Protection Society is directed to apply to the Child Welfare Committee, which should pass necessary orders allowing these girls/victims to join their family/fit person as per the Juvenile Justice (Care and Protection of Child) Act, 2015 (for short, `JJ Act’).
On a request made by the learned counsel appearing on behalf of Koshish(TISS), Mr.Gopal Singh, learned counsel appearing on behalf of the State of Bihar submits that the State is willing to provide the necessary financial as well as medical help to the victims/girls. Learned counsel further submits that the State is also willing to provide developmental services including those relating to mental health and education. Learned counsel also submits that under the Bihar Victim Compensation (Amendment) MA 2069/18 in WP(C)473/05 5 Scheme, 2018, prepared in exercise of the powers conferred by Section 357A of the Code of Criminal Procedure, 1973, the victims are entitled for certain compensation amount. We accordingly direct the State of Bihar to process the claims of these girls and submit a report to this Court by the next date of hearing.
To complete home verification and assessment visits of children, particularly those whose homes are located outside the State, Koshish(TISS) requires some more time and we accordingly grant eight weeks’ time to the said organisation to file a further Status Report on the said aspect.
In response to the Status Report/National Child Protection Policy filed by the Union of India, Mr.H.S.Phoolka, learned senior counsel submits that his instructing counsel wants to file reply. He is permitted to do so within the aforesaid period.
List the matter after eight weeks.
(SATISH KUMAR YADAV) (RAJ RANI NEGI)
AR-CUM-PS ASSISTANT REGISTRAR