Delhi High Court - Orders
Court On Its Own Motion vs State on 10 February, 2022
Author: Siddharth Mridul
Bench: Siddharth Mridul, Anup Jairam Bhambhani
$~S-13, 14 & 18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
13
+ CRL.REF. 1/2020
COURT ON ITS OWN MOTION ..... Petitioner
Through: Mr. H. S. Phoolka, Senior Advocate
(Amicus Curiae).
versus
STATE ..... Respondent
Through: Ms. Prabhsahay Kaur with Ms.
Laavanya Kaushik, Advocates for
Bachpan Bachao Andolan.
Ms. Nandita Rao, ASC (Criminal) for
the State.
Mr. R.H.A. Sikander, Standing
Counsel for R-3/Delhi Commission
for Protection of Child Rights
(DCPCR) with Mr. Anurag Kundu,
Chairperson, DCPCR.
Mr. Kanwal Jeet Arora, Member
Secretary, DSLSA with Ms. Bhawna
Gandhi, Research Assistant and Mr.
Anant K. Asthana, Advocate for
DSLSA.
Ms. Anu Grover Baliga, Secretary
(DHCLSC) with Mr. Harsh Prabhakar,
Advocate.
CRL.REF. 1/2020, W.P.(CRL) 1560/2017 & W.P.(CRL) 2563/2021 Page 1 of 5
14
+ W.P.(CRL) 1560/2017 & CRL.M.A. 49787/2018
SADHAN HALDAR ..... Petitioner
Through: Mr. H. S. Phoolka, Senior Advocate
(Amicus Curiae).
versus
THE STATE NCT OF DELHI & ORS ..... Respondents
Through: Ms. Prabhsahay Kaur with Ms.
Laavanya Kaushik, Advocates for
Bachpan Bachao Andolan.
Ms. Nandita Rao, ASC (Criminal) for
the State.
Mr. Ripudaman Bharadwaj, CGSC for
UOI.
Mr. R.H.A. Sikander, Standing
Counsel for R-3/Delhi Commission
for Protection of Child Rights
(DCPCR) with Mr. Anurag Kundu,
Chairperson, DCPCR.
Mr. Tarun Johri & Mr. Vishwajeet
Tyagi, Advocates for DMRC.
Mr. Anil Grover, Standing Counsel for
New DMC along with Mr. Mishal Vij,
Advocate.
Mr. Kanwal Jeet Arora, Member
Secretary, DSLSA with Ms. Bhawna
Gandhi, Research Assistant and Mr.
Anant K. Asthana, Advocate for
DSLSA.
Mr. Tushar Sannu, Standing Counsel
for EDMC with Ms. Ankita
Bhadouriya & Mr. Priyanker Tiwary,
Advocates.
CRL.REF. 1/2020, W.P.(CRL) 1560/2017 & W.P.(CRL) 2563/2021 Page 2 of 5
18
+ W.P.(CRL) 2563/2021
DELHI COMMISSION FOR PROTECTION OF CHILD
RIGHTS (DCPCR) ..... Petitioner
Through: Mr. Tushar Sannu, Standing Counsel
for DCPCR.
versus
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI & ORS. ..... Respondents
Through: Ms. Nandita Rao, ASC (Criminal) for
the State.
Mr. Anant K. Asthana, Advocate for
DSLSA.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 10.02.2022 The present matters have been taken up for hearing by way of Video Conferencing on account of COVID-19 pandemic.
Pursuant to the last detailed hearing conducted on 21.01.2022, further submissions have been made by learned counsel appearing for various parties, as also by Mr. Kanwaljeet Arora, learned Secretary, DSLSA and Ms. Anu Grover Baliga, learned Secretary, DHCLSC in relation to the incarceration of children in conflict of law/juvenile in adult jails in Delhi.
To summarise today's proceedings, Mr. Arora has apprised the court that pursuant to the earlier hearing, certain modifications have been proposed CRL.REF. 1/2020, W.P.(CRL) 1560/2017 & W.P.(CRL) 2563/2021 Page 3 of 5 in the DSLSA Scheme for Paralegal Volunteers, in particular as regards the educational qualifications and age criteria for eligibility to be appointed as PLVs. Mr. Arora has also informed the court that certain amendments proposed in the standard-form Arrest Memo are also in the pipeline; and that both these matters are pending at the administrative level and are expected to be finalised soon.
Furthermore, Ms. Baliga and Ms. Nandita Rao, have taken us through various provisions of the Cr.P.C., in an effort to evolve better safeguards to ensure that information as to legal rights and legal-aid is made available to arrestees at the earliest point of their brush with the system, in the context of Articles 21 and 22 of the Constitution.
Most importantly, Mr. R.H.A. Sikander and Mr. Anant K. Asthana, have brought to our notice that detailed guidelines issued vidé judgment dated 11.05.2012 by a Co-ordinate Bench of this court in W.P.(C). No. 8889/2011 titled 'Court of its own motion vs. Dept. of Women and Child Development and Ors.', have been honoured almost entirely in the breach and not in the observance. In fact, it is pointed-out that para 19 of the said judgment required a report to be submitted to this court every six months by the police authorities in relation to the compliance and implementation of the directions issued thereby, with copies to the NCPCR and the DLSA. This also, it would appear, has never been done.
Accordingly, while leaving the concerned authorities to expeditiously streamline the modifications in the PLV scheme as also in the Arrest Memo, we direct the learned Secretary, DSLSA to furnish to this court, within two weeks from today, a report in terms of para 19 of judgment dated 11.05.2012 in W.P.(C). No. 8889/2011.
CRL.REF. 1/2020, W.P.(CRL) 1560/2017 & W.P.(CRL) 2563/2021 Page 4 of 5Ms. Rao, learned ASC appearing on behalf of the State, has prayed for time to obtain instructions as regards upgradation of the facility/place of safety located at Majnu-ka-Tila as well as the options available to house the inmates currently accommodated there, if the government were to refurbish/reconstruct the facility at Majnu-ka-Tila.
Although we are conscious that the issue of infrastructure in relation to Juvenile/Children's Homes is pending before a Co-ordinate Bench of this court as part of the larger issue of judicial infrastructure, we have requested inputs from Ms. Rao on the foregoing aspect only because it is in-part connected with the unlawful detention of children/juveniles in adult jails.
For further consideration of the matter, list on 09.03.2022. Matter be treated as part-heard.
SIDDHARTH MRIDUL, J.
ANUP JAIRAM BHAMBHANI, J.
FEBRUARY 10, 2022/uj Click here to check corrigendum, if any CRL.REF. 1/2020, W.P.(CRL) 1560/2017 & W.P.(CRL) 2563/2021 Page 5 of 5