Supreme Court - Daily Orders
National Commission For Protection Of ... vs Rajesh Kumar on 19 March, 2018
Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud
SLP(C) 34251/2017
1
ITEM NO.35 COURT NO.1 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 34251/2017
(Arising out of impugned final judgment and order dated 29-08-2017
in WP No. 22537/2017 passed by the High Court At Calcutta)
NATIONAL COMMISSION FOR PROTECTION
OF CHILD RIGHTS & ORS. Petitioners
VERSUS
RAJESH KUMAR & ORS. Respondents
(IA No.134201/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.134204/2017-EXEMPTION FROM FILING O.T. and IA
No.134203/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS)
Date : 19-03-2018 This matter was called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
For Petitioners
Mr. Tushar Mehta, ASG
Ms. Kavita Bhardwaj, Adv.
Ms. Depanvita, Adv.
Ms. Nidhi Sharma, Adv.
Ms. Harsha Garg, Adv.
Mr. Utkarsh Tyagi, Adv.
Ms. Anindita Pujari, AOR
For Respondents
Mr. Kalyan Bandopadhyay, Sr. Adv.
Mr. Kunal Chatterji, AOR
Ms. Maitrayee Banerjee, Adv.
Ms. Uttara Babbar, AOR
Ms. Akanksha Choudhary, Adv.
Ms. Bhavana Duhoon, Adv.
Mr. K.V. Vijayakumar, AOR
Mr. Muthu Velpalani, Adv.
Signature Not Verified Ms. Maitreyee Mishra, Adv.
Digitally signed by
DEEPAK GUGLANI
Date: 2018.03.19
17:51:26 IST
Reason: Mr. Guntur Prabhakar, AOR
Ms. Prerna Singh, Adv.
Ms. Hemantika Wahi, AOR
Ms. Jesal Wahi, Adv.
SLP(C) 34251/2017
2
Ms. Mamta Singh, Adv.
Ms. Vishakha, Adv.
Ms. Shodhika Sharma, Adv.
Ms. Rukhmini Bobde, Adv.
Mr. Salvadar S. Rebello, Adv.
Mr. Kumar Shashank, Adv.
Mr. Abhinav Mishra, Adv.
Mr. Vishal Prasad, Adv.
Ms. Aruna Mathur, Adv.
Mr. Avneesh Arputham, Adv.
Ms. Anuradha Arputham, Adv.
Ms. Simran Jeet, Adv.
M/s. Arputham Aruna And Co, AOR
Mr. V.N. Raghupathy, AOR
Mr. Parikshit P. Angadi, Adv.
Mr. Prakash Jadhav, Adv.
Mr. Gopal Singh, AOR
Mr. Rituraj Biswas, Adv.
Mr. Manish Kumar, Adv.
Mr. Kumar Milind, Adv.
Mr. Edward Belho, Adv.
Ms. K. Enatoli Sema, AOR
Mr. Amit Kumar Singh, Adv.
Mr. K. Luikang Michael, Adv.
Mr. Z.H. Isaac Haiding, Adv.
Mr. Ranjan Mukherjee, AOR
Mr. Daniel Stone Lyngdoh, Adv.
Mr. S. Udaya Kumar Sagar, AOR
Mr. Mrityunjai Singh, Adv.
Mr. Ajay Marwah, AOR
Ms. Swarupama Chaturvedi, AOR
Mr. B.N. Dubey, Adv.
Ms. Bhawna Singhdev, Adv.
Mr. G.M. Kawoosa, Adv.
Mr. M. Shoeb Alam, AOR
Ms. Fauzia Shakil, Adv.
Mr. Ujjwal Singh, Adv.
Mr. Mojahid Karim Khan, Adv.
Mr. Anil Shrivastav, AOR
Mr. Rituraj Biswas, Adv.
SLP(C) 34251/2017
3
Mr. Raja Chatterjee, Adv.
Mr. Chanchal Kr. Ganguly, Adv.
Ms. Runamoni Bhuyan, Adv.
Mr. Piyush Sachdev, Adv.
Mr. Adul Ahmed, Adv.
Mr. Gopal Prasad, AOR
M/s. Plr Chambers And Co., AOR
Mr. G. Prakash, Adv.
Mr. Jishnu M.L., Adv.
Mrs. Priyanka Prakash, Adv.
Mrs. Beena Prakash, Adv.
Mr. Vijay Shankar V.L., Adv.
Ms. Diksha Rai, AOR
Ms. Kanika Saran, Adv.
Mr. Palak Mahajan, Adv.
Mr. Ranjan Mukherjee, Adv.
Mr. Subhro Sanyal, Adv.
Mr. S. Bhowmick, Adv.
Mr. S.C. Ghosh, Adv.
Mr. Atul Jha, Adv.
Mr. Sandeep Jha, Adv.
Mr. Dharmendra Kumar Sinha, Adv.
UPON hearing the counsel the Court made the following
O R D E R
It is submitted by Mr. Tushar Mehta, learned ASG appearing for the National Commission for Protection of Child Rights that he will file a Chart indicating the constitution of Human Rights Courts and appointment of Special Public Prosecutors by the States after collecting the data as per order dated 4.1.2018.
At this stage, we have been apprised that in certain States, there is non-compliance of Sections 25 and 26 of the Commissions for Protection of Child Rights Act, 2005. Sections 25 and 26 of the said Act read as follows:-
“25. Children’s Courts. - For the purpose of providing speedy trial of offences against SLP(C) 34251/2017 4 children or of violation of child rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify at least a court in the State or specify, for each district, a Court of Session to be a Children's Court to try the said offences:
Provided that nothing in this section shall apply if -
(a) a Court of Session is already specified as a special court; or
(b) a special court is already constituted, for such offences under any other law for the time being in force.
26. Special Public Prosecutor.- For every Children's Court, the State Government shall, by notification, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.” Keeping in view the aforesaid provisions, it is directed that the Registrar Generals of the High Courts would submit a report as regards Sections 25 and 26 of the Act. After receipt of the report, the issue shall be addressed.
The Registry of this Court is directed to forward the earlier order and the present order to the Registrar Generals of the High Courts with the stipulation that the reports shall be submitted within two weeks from the date of receipt of the orders.
The pendency of this case shall not be construed as any kind of impediment for establishment of Courts and appointment of Special Public Prosecutors if steps in that direction have already been taken.
Matter be listed on 16.4.2018.
(Deepak Guglani) (TAPAN KUMAR CHAKRABORTY)
Court Master Court Master