Tripura High Court
Smt. Prabha Rani Das vs The State Of Tripura And Others on 29 May, 2023
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
Page 1 of 5
HIGH COURT OF TRIPURA
AGARTALA
WP(C)(HC) No.14 of 2022
Smt. Prabha Rani Das
.........Petitioner(s);
Versus
The State of Tripura and others
.........Respondent(s).
For Petitioner(s) : Mr. P.K. Biswas, Sr. Advocate, Mr. Rishiraj Nath, Advocate, Mr. Pujan Biswas, Advocate.
For Respondent(s) : Mr. S.S. Dey, Advocate General, Mr. Debalay Bhattacharya, G.A., Ms. A. Chakraborty, Advocate.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE T. AMARNATH GOUD Order 29/05/2023 Shri Lalfaktlinga Hrangchal, Director, Social Welfare & Social Education and Smt. Tiffani Kalai, Deputy Director, Social Welfare & Social Education, Government of Tripura have appeared today pursuant to the order dated 22.05.2023. An additional affidavit has been filed by respondent No.3 on 26th May, 2023.
It appears from perusal of the affidavit that a team of 4(four) officials namely Smt. Reba Das, Chairperson, Child Welfare Committee, Unakoti, Dr. Mrinal Das, Pediatrician, IGM Hospital, Inspr. Rajib Debnath Page 2 of 5 and Smt. Hemlata Tripura, Nurse had gone to Tamil Nadu in order to make all efforts to bring the minor, but the authority of the counterpart did not cooperate with the team. Having failed the visitation, the team has submitted a report to the Director, Social Welfare & Social Education Department on 19.05.2023 which is part of the affidavit.
It appears from the report of the District Collector, Vellore that he had convened a meeting on 05.05.2023 with several officials and doctors for taking decisions upon the health, physical condition, mental condition and recovery status of the child pursuant to the order passed by this Court on 27.04.2023. The report opines that change of place may cause psychological stress to the child who is under treatment since 14.09.2018 at Vellore. However, the report of the team of officials of Tripura who had gone to Tamil Nadu indicates that on 13.05.2023, a meeting was convened at their request in the office of DCPO, Vellore attended by the officials namely - (i) DCPO Vellore, Tamil Nadu, (ii) Mrs Uma Maheshwari, Nodal officer, who was appointed by the Collector Vellore as coordinator in the absence of the Collector, Vellore, (iii) Dr. Mona Basker, CMC, Vellore, (iv) Dr. Latif, CMC Vellore, (v) Member of CWC Vellore, Mr. R. Baburajan, (vi) Dr. Mrinal Das, (vii) Inspr. Rajib Debnath and (viii) Smt. Hemalata Tripura, in which the members of the team from Tripura were also present. But in that Page 3 of 5 meeting, they were told that the minor could not be produced before the High Court of Tripura at this point of time and that CMC, Vellore had already sent the Medical Report of the minor to the High Court of Tripura by Speed Post and they will not give any report to the visiting team. Therefore, it appears that the members of the visiting team of Tripura who had gone to Vellore pursuant to the orders passed by this Court on 27.04.2023 and 22.05.2023, did not get a chance to be a part of the meeting convened by the Collector, Vellore on 05.05.2023 to assess the medical condition of the minor.
It appears from the report of the Collector, Vellore that probably the concerned authorities were bearing an apprehension that the custody of the child is most likely to be handed over to the mother whereas in the order dated 27.04.2023, this Court had clearly made the following observations:
"This Court is further of the opinion that the child needs to be produced before the Court to enable us to take a call on the question of handing over the custody of the child to the petitioner- mother."
The decision whether to hand over the custody of the child to the petitioner-mother or to keep her in a safe medical care is yet to be taken. Page 4 of 5 When this Court had in its order dated 27.04.2023 specifically directed the Director, Social Welfare & Social Education, Agartala, West Tripura to coordinate with the concerned authorities and his counterpart in Tamil Nadu for the aforesaid purpose and a team comprising also of a Doctor from IGM Hospital, Agartala had gone to Tamil Nadu, the Collector, Vellore would have allowed the team to participate in the aforesaid decision on the question of the production of the child. The report dated 19.05.2023 of the team of Tripura in fact, gives an impression of non-cooperation.
However, for the present, we are of the view that in furtherance to the directions passed by this Court earlier, the respondents No.4 to 9 should extend full cooperation to the team of officials and doctors from Tripura to see the child in person and to participate in a meeting to be convened by the District Collector, Vellore so that a proper fresh assessment of the condition of the child can be presented before this Court as was also the purport of the order dated 27.04.2023.
We trust and expect that the concerned respondent authorities of the State of Tamil Nadu would fully cooperate in the exercise being undertaken under Article 226 of the Constitution of India with the best interest of the minor child uppermost in the minds of the Court. Page 5 of 5
Let such team make a visit to Tamil Nadu within a period of 2(two) weeks. The Director, Social Welfare & Social Education, shall coordinate with his counterpart to arrange for such meeting within a period of 2(two) weeks from today. Let such report be placed before this Court on the next date. Let the instant order and the order dated 27.04.2023 order be communicated to the Chief Secretary, State of Tamil Nadu and respondents No.6 to 9 through Fax and Email.
Mr. S.S. Dey, learned Advocate General, Tripura is also requested to speak to the learned Advocate General, Tamil Nadu to properly facilitate this exercise.
Let this matter be listed on 03.07.2023.
(T. AMARNATH GOUD), J (APARESH KUMAR SINGH), CJ Pijush